CORRESPONDENCE
April 15,1998
00 ~@~UW~ 00
APR 16gB
PLANNING AND
ZONING OEPT.
C, -
MEMORANDUM
RE:
Bulant Kastarlak, Director of Development
Tambri Heyde.o; Planning Director
Michael J. p~elczyk. Assistant City AttomeYj1t7P
Compromise and Settlement Agreement
Cedar Ridge Community Association, Inc., Cedar
Ridge Development Corp., Inc., and City of
Boynton Beach
TO:
FROM:
Attached for your review is a revised draft of the Compromise and
Settlement Agreement as prepared by Dennis P. Koehler, Esq. on behalf of his
client, Cedar Ridge Development Corporation. After you have had an opportunity
to review this document, please provide me with your comments.
Ene!.
cc:
Kerry Willis, City Manager
James A. Cherof, City Attorney
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s:ca\development\cedar ridge\SetUmt memo
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This Instrument Prepared By:
DENNIS P. KOEHLER, ESQ.
DENNIS P. KOEHLER, P.A.
1280 N. Congress Avenue, suite 104
West Palm Beach, FL 33409
Telephone (561) 684-2844
Facsimile (561) 684-9370
DRAFT
~3
1Cfft-47!Qg
COMPROMISE AND SETTLEMENT AGREEMENT
THIS AGREEMENT made this ___ day of , 1998, by and
between CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC. whose address is
430 N. "G" Street, Lake Worth, Florida 33460 ("CONDOR"); CEDAR RIDGE
COMMUNITY ASSOCIATION, INC., 7000 High Ridge Road, Lantana, Florida
33462-5006 ("ASSOCIATION"); CEDAR RIDGE DEVELOPMENT CORP. INC., whose
address is 7000 High Ridge Road, Lantana, Florida 33462-5006 ("CEDAR
RIDGE"); and the CITY OF BOYNTON BEACH ("CITY").
WIT N E SSE T H:
WHEREAS, CONDOR is the record owner of the Cedar Ridge Planned
Unit Development ("PROJECT"), located at 7000 High Ridge Road in the
CITY, more particularly described in Exhibit "A", attached hereto and
incorporated by reference herein; and
WHEREAS, the ASSOCIATION has been designated on the replat for
n~ the PROJECT as owner of those road rights-of-way and drainage and
II 'J/f/ - utility systems shown as common areas (Tract "A"), said replat having
IVO~ . be~n approved by the CITY on May 20, 1997 and recorded in the Public
~I ~ rds of Palm Beach County, Florida in Plat Book 80, at Pages 28-32
~ July 17, 1997 (the "1997 Rep1st"); and
A(;\: X' WHEREAS, CEDAR RIDGE is the developer of the two (2) residential
'Y\ pods or portions of the PROJECT, having entered into an agreement to
purchase them from CONDOR on September 29, 1994, and also served as
the Agent for CONDOR on behalf of the Lake Worth Christian School
("SCHOOL") in Petition No. LUAR 97-001, which petition for land use
1
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~.
amendment and rezoning on p=operties no longer a part of the PROJECT
was approved by the CITY on December 16, 1997; and
WHEREAS, the original owner-developer of the Cedar Ridge POD, ~e
Boynton Development corporation' ("BOYNTON DEVELOPMENT"), obtained CITY
approval for the original plat for the PROJECT on August 16, 1983,
said plat having been recorded in the Public Records of Palm Beach
County, Florida at Plat Book 46, Pages 58-61, on August 18, 1983
("Original Plat"); and
properties; and
WHEREAS, shortly after completing construction of the PROJECT's
infrastructure system, BOYNTON DEVELOPMENT ceased all further activity
on the PROJECT and went into foreclosure; and
WHEREAS, sometime in 1984, as a condition of approval for
annexing the SCHOOL properties into the CITY, the CITY required the
2
SCHOOL to obtain public water and sewer services by connecting to the
CITY's utility system through the then-defunct PROJECT's existing
"dry" water and sewer lines; and
WHEREAS, despite its long and continuous control and use of the
.PROJECT's infrastructure systems to service the SCHOOl ever since
1984, the CITY has never acknowledged that such active control and use
of the PROJECT's plat-dedicated improvements, even in the absence of
a City Commission resolution formally accepting them, constitutes
legal acceptance "by user" of ownership of and maintenance
responsibilities for such infrastructure systems. Huahes v. Town of
Mexico Beach, 455 So.2d 566 (Fla. 1st DCA, ;984); and . &t~ ~~~~~
.~ j;l,.:v~r~.~4~}'1'tlJp~;:;~
~Q,.;~ WHEREAS, all development orders that have been approved by the ~
n.~~ . CITY since CEDAR RIDGE assumed development responsibilities for the 4b
Y PROJECT have contemplated private rather than public ownershi of the ~
--PROJECT's internal roadway system and further at the 1997 Replat
r-the--pROJECT in fact specifically dedicated such roadway Syst~
(aka the "S-4 Plat") to the ASSOCIATION, for its perpetual private )
ownership and maintenance of the ASSOCIATION; and
~ .~t6
WHEREAS, ... obtain. CITY permits
to develop certain improvements shown on the CITY-approved master
development plan, site plan and 1997 Replat for the PROJECT because of
the controversy over whether the CITY's continuous control and use
since 1984 of those roadways and infrastructure systems that were
dedicated to it on the Original Plat for the PROJECT in fact
constitutes legal acceptance "by user" of such public dedications; and
WHEREAS, CEDAR RIDGE was ~~~ a re~
of CITY's failure to acknowledge its legal acceptan
ownership of and maintenance responsibilities fo
infrastructure systems,
certain improvements to the
to bring them up to City
, to design, p it and construct'
foresaid infrastru;turl sys~~ 2.ec ~ .. ~
de. and # 1c~~~ '..~
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WHEREAS, all parties to this Agreement now desire to reach a full f~
and final compromise and settlement of the aforesaid controversy, one!
/
that (a) abandons all CITY claims to ownership of and maintenanc~"
/
resP~bi~ies for the PROJECT's dedicated internal roadways, whiqh
~h_~~;;~iS necessary to foster timely development, sale nd
oc ancy of the PROJECT's residential units, and (b) abandons all
present and future claims by the ASSOCIATION, CONDOR and CEDAR lOGE
- to reimburse them for the COtts of
, ~ .4esigning, obtaini~~ ~i ts to ~o~struct and installing imprjements
:..; .tff~o the PROJECT's ~ ..~ ~ and ut~l~ ty systems necessary to ~r ng such
V (infrastructure systems up to ci ty Code, such costs hav ng been
estimated at ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170, 0 .00).
f
I
NOW THEREFORE, in consideration of Ten Dollars ($10.001 and other
good and valuable consideration, CONDOR, the ASSOCIATION, CEDAR RIDGE
and the CITY hereby agree as follows:
..
1. The recitations set forth above are incorporate as if fully
set forth herein.
2. CONDOR and CEDAR RIDGE agree to prepar ing and
- --...-. --- -__A
presenting to the CITY ~etition seeking aban onme -y of all CITY
interests in the PROJECT's plattea roadways, said abandonment petition
to be initiated by CONDOR and CEDAR RIDGE on the ASSOCIATION's behalf
on CITY forms provided for that purpose, with the understanding that
the CITY will waive all required filing fees and charges for
processing the aforesaid abandonment application.
3. The CITY acknowledges and agrees:
:<f
a. That it/~ccepte9 "by user" those infrastructure systems
(roadways, drainage and utilities systems) that were dedicated by the
Original Plat for the PROJECT to the CITY but never formally accepted
by CITY resolution;
4
_cUiPii --~. ~~.t!^-/l~~~~
~ to entertain a petition to abandon to the ASSOCIATION any and
all rights or claims to CITY ownership of thos roadways that were
dedicated by the original Plat to the CITY; and
~1,
V I c. to award a credit of ONE HUNDRED SEV TY THOUSAND DOLLARS
\'IJ 1/11 ($170, 000. 00) to CEDAR RIDGE against the PROJEFT' s water and sewer
U ~ utility reservation fees and connection charges, I as full compensation
~ for the costs to CEDAR RIDGE for bringing the PROUECT's infrastructure
~ system up to City Code.
4. The ASSOCIATION, by and through CONDOR a d CEDAR RIDGE, agrees
upon CITY approval of the onment p titio referred to
\
hereinabove, to accept full 0 sl'fip"-o those roadways that were
dedicated to the ASSOCIATION by CONDOR on the 1997 Replat for the
PROJECT, and further agrees to provide back to the CITY those certain
easements necessary to ensure that the PROJECT's dedicated drainage
and utility systems are properly operated and maintained.
5. The parties mutually acknowledge and accept that this
Agreement fully addresses and completely resolves any and all
outstanding claims or disputes that any party to this Agreement may
have with the CITY oVi~~~:;~tJA?~,~~~~ging the PROJECT's ~~ 1'_]
infrastructure Syst~~o-cdtre~)code. t~~c
6. This Agreement shall not be terminated, altered, limited,
changed or modified unless in writing and signed by all of the parties
hereto. This Agreement shall be binding upon, and run to the benefit
of, each party, its successors, assigns, or heirs, as the case may be.
This Agreement may be enforced by any of the parties thereto,
including but not limited to the CITY.
7. This Agreement shall be recorded in the Public Records of Palm
Beach County, the expense of such recording to be borne by the
ASSOCIATION. In the event this Agreement is ever revised, the
ASSOCIATION shall bear the expense of recording said revision(s).
5
IN WITNESS WHEREOF, the parties hereto have executed these
presents and affixed their seals hereto as of the day and year first
above written.
CONDOR INVESTMENTS OF PALM BEACH
COUNTY, INC.
IN THE PRESENCE OF:
By:
James VanderWoude
Vice President
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day
of , 1998 by James VanderWoude, and that he/she
is personally known to me or who has produced
as identification and who did (did not) take an oath.
NOTARY SEAL
Notary Public, state of Florida
Commission No.
My commission expires:
CEDAR RIDGE COMMUNITY ASSOCIATION,
INC.
IN THE PRESENCE OF:
By:
Joseph F. Basile, Jr.
President
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
of
is
as
The foregoing instrument was acknowledged before me this
, 1998 by Joseph F. Basile, Jr., and that
personally known to me or who has produced
identification and who did (did not) take an oath.
day
he/she
NOTARY SEAL
Notary Public, State of Florida
Commission No.
My commission expires:
6
CEDAR RIDGE DEVELOPMENT CORP.
IN THE PRESENCE OF:
By:
Joseph F. Basile, Jr.
President
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day
of , 1998 by Joseph F. Basile, Jr., and that he/she
is personally known to me or who has produced
as identification and who did (did not) take an oath.
NOTARY SEAL
Notary Public, State of Florida
Commission No.
My commission expires:
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Jerry Taylor, Mayor
City Clerk
Approved as to Form:
City Attorney
7
Exhibit "A"
LEGAL DESCRIPTION - The Project
8
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-068
TO:
FROM:
Tambri Heyden, AICP
Planning and Zoning Director
~
AI Newbold
Acting Development Department Director
DATE: February 28, 1997
SUBJECT: Plat and Development Plans - 2nd Review
Project: Cedar Ridge Homes, Tract 5-4
Location: Cedar Ridge PUD
File No,: PLAT 97-001
The following is a list of 2nd review comments regarding the subdivision plat
for Cedar Ridge Homes, Tract S-4,
COMMENTS
1, Complete recordation of the Declaration of Covenants and
Restrictions document for Cedar Ridge Homes prior to the City
Commission approval of the plat.
2, Reinitiate rezoning process that served to extract from the PUD the
platted lots within the PUD that are no longer intended to be
developed but are to become a future expansion of the adjacent
Lake Worth Christian School.
JL:bme
xc: Central File
D:\SHAREIWP\PROJECTS\CED-RIDGIPLA T-SF .2nd
FES 12 '97 11:05 DENNIS P KOEHLER, P.P.)
P.2
PrlPlrlld by and Ratum To:
)
DIS P. kOEtLfR. ESQ.
DIS P. KClEJUJl. P.A.
1280 N, CIr9'- A....... Illlt, 213
...t Pal. 811c:h. Florida I3G
la'" (407) eM-2M4
'",'111. (4)7) 8I4-8S7O
OCT-1J-im to:1UII 95-330294
ORB ,8958 p, 39
I 111....11111111 IUIIII
DECLARATION OF COVENANTS AND RESTRICTIONS
lPOR
CSDAR RIDGE ESTATES
BOYNTON BEACH, FLORIDA
Table of Contents
l . ARTICLE 1, D&I'INITIONS....................................... 5
2. ARTICLE 2, PLAN OF DEVELOPMBNT.....;.........................7
2.0.
2.1.
The Pro; act. . . . . .. .. , . . .. . . .'. . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 8
Legal Description............ .'......................... ~
3 . ARTICLE 3, THE ASSOCIATION... . . . . . . . . . . . . . . . . . ',' . . . . . . . . . . . , . a
3.0.
3.J..
3.2.
Membership. " . . . . . . t . . . . . . . . . . . , .. .. . . . . . . . . . . . . . . . . . . . . . .8
AlIsoc:iationts Right to Improve common Property.........a
Subsequent Legislation............,.....".............. 8
4 . ARTICLE 4, COMMON PROPBRTY...................,..............., 8
4.0.
4,1.
4.2.
4.3.
4.4..
4.5.
4.6.
4.7.
4..8.
4.9.
4.10.
4.11.
4..12.
OWnership. . . . . . . . . . . . , .. . . , . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . 8
Obligations of the Assoclation... . . . . .. _,' . . . . . . . . . . . . . .9
OWn.~.' Easements of Enjoyment.........................9
Extent of OWners' Easements..............................9
Continual Ma1ntenance. . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . .10
Basements Appurtenant. . . . . . . . . . . . . .. . . . . . . . . . . . , . . . . . . . .10
utility Ea..menta .,............,..............,.. '. . . . . . .10
Public Basements...........,..... . . . . . . . . . . . . . . . . . . . . . . .10
Easement tor Unintentional and Non-Negligent
Encroachments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Additional Easements .... II. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..10
Delegation ot v..... _ . . . . , , . . . . . . . . . , . . . . . . . . . , . . . . . .. .ll
Liab111ty and property Damage Insurance for
Common Areas..... . . . . . . . . . . . . , . . . . 41 . . . . . . . . . . . _. " . . . . .11
Na1ntenance of Common Ar.as............................ll
5.. ARTICLE 5, COMMON EXPENSmS; Apportionment an! Collect1on.,.. .ll
..
5.0. Affirmative Cov.nant to Pay Common ,Bxp.nses............12
5.1. Creation of the Lien and Personal Obligation
tor As.essmenta............. . . . . . . . . . . . . . . . . . . . . . . . . . . .12
1
ORB 89~ p'J
P.3
44
FEB :2 '97 11:06 DENNIS P KOEHLER! P.R.)
. 1.8. .Cechu: lUd;e Condominium ASSOciation, Inc.., .Cedar Ridge
Estates Homeowners' Association, Inc.. and "High Ridge Commerce Park
Association, tnc." Shall meG and reter to the three (3) entities
required to perpetually maintain the water management tract identified
a. Parcel C on the plat for Cedar Ridge, a P.O.D. & High Ridge commerce
Park, a 1'.1.0., as recorded in plat Book 46, page 58 at .eq., City of
Boynton Beach on Augult 18, 1983 in the Public Records of palm Beach
County, Florida, their successors and a.signs.
1.51. "common Areas" or "Common Property" means all portions ot the
Property, including any .improvements now or bereafter constructed
thereon, which are intended for the common us. and enjoyment ot tbe
parcel Owners and which are owned by or conveyed to the ABlociation or
which are dedicated to the Association on any recorded Plat of the
property or which are owned and maintained by the unit owners
collectively as tenants 1n eommon and all other property which may at
any time be acquired by the Association. Th
limited t we kw 0
Ice a a
t' c e
1.10. .Common Bxpenses" means expense. tor wh1ch the unit owners
are liable to the A..ociation .. proviaed fer in this Declaration.
1.11. "Declaration" 'shall mean this Declaration e.. the same may
from time to time be amen4~d or supplemented.
1.12. "Developer" shall mean and refer to cedar Ridge, Development
Corp., a Flor1,,4a corporat1on, its .uccessors or, assigns" but not
purchasers of individual units or resldences at Cedar Ridge Estates who
lnten~ to reside therein. '
1.13. -OWelling" ~e8ns any residentlal dwelling un1t constructed on
a Lot.
, !
1.14. "Etfective Dat... means the date on which this Oeclarat1onot
Covenants and Restrictions i. recordea in the Public Records of palm
I
Beach County, rlorida. '
1.15. "1:lnpl:ovements" ;meana all structure., or any portion thereof
ana artificial .change. ~o the natural environment (exclusive of
landscaping), locatea on the Property.
1.16. "Institutional Mortgage" means any insurance company;
federal, national or state bank. or savings and loan a.sociation;
protit-sharing trust; pension fund; real, est.ate investment trus~;
Massachusetts busines. trust authorized to do busin... in the state of
~lor1da: agency of the UQ~ted states gover~ent; any other generally
recognized 1n.t.it.u~ion.J. lwa.der; ~4 any' -..condazoy moZ'~gage marks't
i l"'IlII+-i+-,,+-1n"" i"~1udJ.ng i!h. P...ar.:a. Ifa4;.f.on.J. uo~"'.o,. AcuaoClLai:d.on, 'bho
6
FEE 12: . 97" 11; 07" DEliliIS P KOEHLER, F. ~. :.
ORB 8"<<;5 a P,
4g:~-
2.0. The Pro~. The Project will be aeveloped on the Property a&
s single family tiildant1al community. ,
2.1. Legal ne.~r1pt1on. The real property which is and shall be
held, transferreC, sold, conveyed, demi.ed and oceupied subject to this
Declaration is locatea 1n the City of Boynton Beach, Florida and i8 more
particularly a.scribed on BXHIBIT "A" attec:hed' h81:,eto..
AR'I'ICLE 3
'1'HS ASSOCIATION
3.0. Nembersh1R. Every person or entity who 1& a record owner of
a fee or uri~iVld.O fe. lnterest in any Unit or Parcel in cedar R1dge
EstatQs Ihall be a Member as set forth in this Section 3.0, except that
any such per.on or entity who holds such interest merely as seeur.1ty for
the performance of an obligation sMll not be a member of the
Association. Membership in the Association shall be appurtenant to and
may not be separated trom ownership of a unit.
3.2. Sub..~.nt Legislation. The Association 18 not a Condominium
Aslociation .no naretore shall not be affected by the provisions of
Chapter 719, I'lorlda statute.. Further, the express intent of the
governing ~ocuments of the Assoe1at1on i8 that the substantive rights
thereunder shall not be retroactively effected by Legislation which may
be enacted subsequent to the date ot the execution of such governing
documents unl.s. the provisiQns of or a reference to such Legislation 1s
specifically included in'an amendment to the governing documents and
approved in w~1ting by the Association.
ARTICLE 4
COMMON PROPBRTY
4.0. ownershi~. No later than 120 day. aftar the earlier of tal
the sale and conveyance by the DeV$loper or twenty nine (2') of tn.
thirtr-tour (34) Units within the .Ceaar R1ege Bstates property or (b)
the 9 vln~ of written notice by the peveloper to the Association of the
Oeveloper B intention to convey and '1'ranefer ownership of. the common.
Areas to the Association ,but in no event later than .even (7) years
following the date o~ the recordation or this D.c~aration, the
Developer, or its successorB and assigns, shall convey and transfer the
8
FEB 12 '97 11:as DENNIS P KOEHLER, P.A,)
ORB 8958 p,
47'.5
record tee simple title to the project's Common Areas to the Association
and the Association shall accept such conveyance. The laid conveyance
and tronsfer of t1 tle Ihell be aubj ect to taxes for the year of
conveyance end to restrictions, limltat1ons, conditions, reservations,
and easements of record. Commencing with the date thil Declaration 1.
recorded, the A8 0 at 1 be re. ons1b r the maintenance and
odmlnistra cn 0 0 0 n a con nuous an 1 s ac ory
er an e payman 0 proper y taxes and other assessments which
shall be liens against the COmmon Areas and any improvements in personal
property acc1:'Ulng from and after the date of the recording of this
Declaration. In implementation of the foregoing, ~ch tax.s shall be
prorated between the Developer Ind the Alsoclation al of the date ot
such recording. Any portion of the plat of the Cedar Ridge Estate.
property containing open spaees may not be vacated in whole or in part
unless the entire plat i8 vacated.
4.2. Owners' Easements of Bn~oyment. subject to the provisions
hareo!, every Owner shall have the right and easement of enjoyment 1n
and to the Common Areas, which shall be appurtenant to and shall pass
with title to every Unit without any specitic reterence thereto being
necessary in any instrument conveying any Lot.
4.3. Extent of OWners- Basement. The rights and easements of
enj oyment in and to the Common property shall be subj ect to the
follow1ng: Bach Owner or member of the Association and each tenant,
agent, guest and invitee of such Member shall have a permanent and
perpetual easament for ingress and egr8ss for pedestrian and/or
vehicular tratfic over and across the walkways, private streets,
sidewalks, driveways, bulkheads, dock(s) and boat sliP(S) from time to
time laid out on Common Areas for u.. in common with all other Members,
their tenants, agent. and invitee.. Bach Member ahall have a permanent
and perpetual e.8em~mt of the use of such portion of INch lends as
common open space in suell manner as may be regulated by the Association.
The fcregoinq Members' rights of enjoyment and us. ot Common Areas and
easement. are subject to the following:
4.3.1. The right of the AS.loc1ation to SUSpeIle! the enjoyment
rights and easements of any percel owner for any period during which en
assessment remains unpaid by the unit owner.
".3.2. The right of the Association to suspend the enjoyment
rights and ea.ements of any Unit owner for any period dur1ng which such
9
~EB :2 'S7 11:09 DENNIS P KOEHLER, o,A.)
V~ tS'1::>8 P9
4~,6
Unit owner 1. in violation
Notwithstanding the foregoing,
ing:esa or egreB. of any member
over any roadway or walkway.
..3.3. The :1ght ot the A..oc1atioD ~c maintain the
Property, either acting alone or in cooperation ~ith a
homeowners' .asoe1at1on for the entire PUD.
"
of any of the project documents.
the Association may not restrict the
to or from such memberls :.sidance
common
master
4.3.4. fhe right of the Association to convey, grant, transfer, or
dedicate easements to any governmental or quasi-governmental agency,
authority, utility, water management, or water control district.
4. 3 .5. aestr ictions contained on any plat, or filed separately,
wlth respect to a1l or any portion of the Property.
4.3.6. All of the provisions ot the Project Documents.
.. . J . 7 . The right of the Asscciation to adopt and enforce the Rules
and Regulations governing the use of the common Areas and all ta~111t1es
at any time situ.te~ thereon.
4.4. Continual Haintenance. In the event of e permanent
d1ssolution of tha Association, the unit owners shell 1mmed1ately
thereupon hold title to the Cammon Property as ~.nants in Common and
shall collectively provi~e for the continued maintenance and upkeep
thereof.
4.5. Easements Ao~urt.nent. The e.sement. provided in Section
4.2. shall De appurtenant to and shall pas. w1~h the title to each Unit,
4.6. ut111t~ Basements. All utili,ti.. may be installed
underground in the ommon Areas when necessery for the service of the
Cedar Ridge matates Property, but all use of utility easements shall be
in accordance with the applicable provisions of this Declaration.
4.7. Public Easements. rire, police, health" sanitation, and
other public .ervice personnel and vehlcle. shall have a perpetual,
non-exclusive e.sement tor ingre8s and egress over and across the Common
Areas.
4.8. Easement tor Unintentional and Non-negligent Encroachments.
If a Unit or tn. R.'1~enc. thereon shall eQcroach upon any portion of
the Common At..., any easement, or upon any other Unit by reason of
original con.truction' or by the non-purposeCul or non-negligent act of
an Owner or Developer, then an easement for such encroachment shall
exist 80 long 8s the encroachment exists.
4.9. Additional EBBements. The Dev.lopee (during any period in
which there are any unsold units with1n the Cedar Ridge zstate.
Property) an~ the A.sociation shall eaeh.have the right to grant such
ac!d1t.lonel electric, telephone, gas, .pr1l\.kler, irr.1gation, cable
television, or any other utility easements, to relocate any existing
utility easement in any portion o~ the Cedar Ri4ge Bstate. property, ana
10
~
*
"EB 12 'g7 :1:39 DENNIS P KOEHLER, P,A.)
P,7
ORB 89~ PI 49
to grant acce.. easements and to relocate any existing access easement
in any portion thereof, fo: the general h.alth or welfare of the Owners
or for the purpose ot carrying out any prov1s1on8 of this Declaration;
provided that such ea.ement, or tne relocation of existing ea..mant.,
will not prevent or unreasonably interfere with the us. of any aesidence
for dwelling purposes.
I
4.10. Delegation ot US8. My member may delegate hi. right of
enjoyment of the Common Areas and facilities to the members of his
family, to his guests and invitees, subject to BUch general Rule. end
Regulations a. may be established from ttme to time by the Association.
The foragoing delegation shall not be deemed to exclude the Member from
the use and enjoyment of the common Areas.
oil .11. Liability and Property Damage Insurance for' Convnon Areas. The
ASlociation shall obtain comprehensive general pub11c 11lbIli\;y and
property damage 1nsurance ~oYering all of the Common Areas and 1nsuring
the Association and the members 88 its and their interests appear, in
such amounts and providing Bucn cov8~age as the Board of Directors may
determine from time to time.
4.12. Maintenance of Common Areas. The Association shall at all
times maintain in good rapa1r, and shall replace .s often as necessary,
any and all improvements situated on the COmmon Areas (upon completion
of construction by the Developer), including but not limited to all
landscaping, sprinkler pipe. and systems, ~.ving, dra1na~e Btruct~
street lighting fixtures and their appurtenances, 81Gewa kS, ana ofner
structuras, except public utilities, all such work to be dona a. ordered
by the Board of Directors, either acting alone or in cooperation with
~h. o~h.~ mombor~ gf G m..t.r .SBDc~Bt1on ro~ed ~or entIre PUD. A~~
work purauant to this Section 4.12 anO a1i expense. thereunder shall be
paid for by the Association through Alae.sment. ~po.ed in accordance
wi th Article It hereof'. Sueh A.....m.n1:. .b.11 b. against ..11 Uni ta
equally; provided however, that the co.t o~ any ma1n~.nanc., repair, or
replacement. caused b~ ~h. negligent: 01: will.~l C:OA~"'Q-t; or a Hembe~ or oy
the failure of a Member to comply wtth the lawtully adopted Rules ana
Regulations shall be levied a8 a Special Assessment against such Member.
No Owner may wetve or oth.~wi.. ..cape liab11ity for 1:he assessment. for
such mDintenance by non-us. of the Common Areas or abandonment of h1s
right to us. the Common Areas. 'l'he A8sociat1on, it. successors ana
assign.s, shall have a perpet.ual, non-exc1.uD1ve ...emen~ fOt: iftgresa and
egress on, over, upon end acro.. ell Lots, and to excavate on Lot. 1n
connection with the maintenance of sprinkler p1p.s end Bystems and other
utili ties, 'to t.he extent n.c....ry for the performance of the work to be
performed pursuant to th18 Section 4.12; provided, however, that the
party causing any such excavations shall restore disturbed areas to the
condition thereot immediat.ly prior to such excavations.
UoTICLE S
...
COMMON EXPENSJlS; APPORTIONMBNT AND COLLEC'l'ION
-
11
FEE 12 '97 11:10 DENNIS P KOEHLER, P.~.)
P,S
LAW OFFICES
Dennis f). I\<<)ehler. 1'.4.
Con9r... BUlin... Clnt.r
1280 North Congr... Av,nue, SuIt. 213
Weat Palm B.ae", Florida 3340~
relephone: (407) 684.2844
cc@~\f
B~ FAX
o!l;'b~:~ (~6), 88~tB~O
Mr. Mich.el E. Haag
Planning , Zoning Administrator
Boynton seach city Hall
100 East Boynton Beacn Boulevard
P.o. Box 310
B~ynton Beach, Florida 33425-0310
RE: Cedar Ridge Estates- Declaration of Covenants and
aestrictions, By-Laws and Artiel.s of Incorporation -
C . 11. MPMD 94-009
This latter i8 written in re.ponse to yours, same subject
(October 2, 1995), in which you offered final comments generated
from the City staff's review of the corrected documents that I
supplied to you earller this year.
The follOWing response with enclosure. (corrected/amended
pages O~l~) cerre.ponas to each of the numbered items contained in
your Oc 0 er 2 letter:
1 . Reduced CO~i.8 of Exh1b1 ts A plat of record 1 an4 J)
[surv.~. AS you no ea, tn. full 811. mx 1b1t "A" may be 'om.:i.tted,
s1nce 1. reCers to the existing plat of record for the Project.
please note that the plat t1tle, plat book and page number are
legible on the reduced copy of the record plat that will appear as
Exhibit A. The reduced survey for the project will appear as
Exhibit D, as requested.
2. Amendment to Declarationj' Section 6.32. I have corrected
the language as reque.ted. .
3. Amendment to Declaration, Section 6.33. I have amended
the language .s requested.
4. Section 10.5. The original version ot this section, which
requ1rea the ASsoc1ation to enter 1nto a maintenance ,agreement
with the city, has been deleted in its entirety, as you r8~8st8d.
My client aoes plan to take the Oi ty 's advioe and repJ.at the
project; the .treet. ana courts will be changed to p~1vate, and
the 11 lots now controlled by the Lake "Worth Christian School will
be omitted in the J:'eplat, just as you hav, requested.
Sand 6. New definitions, plat references. AS requested, I
have expanded certain existing Clef1n1t10ns 1n Article 1 of the
Oeclaration and added new ones to (using your words) "link the
titl.. i~entifi.d on the plat to the accument." AI you co~~ectly
~EB :2 '97 :1:11 DENNIS P KOEHLER, ?A.)
?9
pointed out, the new Oeclerat1on mus~ -matcn the obligetions that
are identitied on the [existing] plat.-
Finally I I I ve incorporated 01 ty Bng1neer Bill Hukill' 8
suggested change to paragraph 6.17, Architectural Control, by
referring to the ofticial t1t~e of the City's lon1ng r.gu~ations.
Since my client must record this r8v1.ed Declaration in the
Public Records ot Palm Beach Oounty ASAP, I've already had him and
the Association t s Secretary exeoute the signature page' of the
document. w. must record the D8claratlon prior to the first
closings on the Cedar lUdge Estate. real estate treon.actions,
scheduled to occur later this month.
In ~losing, I want to thank you personally, Hike, for your
outstanding professionalism and at~.ntion to detail in this
matter. There 1s no doubt that the.e property owners' association
documents ere better because of your thorough review.
Esquire
Opx/nz
encl.
pc w/enc18:
,
Mr. Joseph r. Bas1le, Jr., p~..1aent
CEDAa RIDGE ESTATBS PROPBRTY OWNERS'
.MSOCIA'l'ION, :me.
Vennls P. I\()ehler. ~.A.
'11ie City of
'Boynton 'Beatn
,
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'Boynton 2l~, 1lDrib JJ4Z1.0J10
City H.a<<: (4f)1) 37UiJO()
7M: (401) 37$-6090
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FEB 12 '97 11::2 DENNIS P KOEHLER, P.R,)
October 2, 1995 ~ ~
Denuis p, KOenlel", P. A. 'OfqfC/.
Con9ress Business Cencer
1290 No~th congress AVQnu~, Suite 213
W~st P~lm Beach, Florida 3J409
Re: Cedar Rid;. Estatei' Declaration of Covenants and
Rejtrictlons, By-Laws and Articles of Incorporation - City
File MPND 94-009
Mr. Ko__hler:
Find below (~omments gel'\el"ated h."Onl tl1il revie\'l of the COlTected
doctLmel1ts titled "Declaration of covenants and Restl"ictions fot'
Cc:dal" Ri.dge F.:stat~s Boynton Beach, Flol"ija" l;e';eived on Septlimbel"
22, 1995:
,
... "
(pJ;:eviO\.\;;i commel'\t) - SUlJlUl t an or1git1al size copy and a
ntduced (8 l/~" X 11") c'JPV of EKb1blts A an.d D. The full
si~. document 1s to~ clarity in determln1cQ the content of the
drawl11g. 'I'hli! full S:Lze document of Exhibit "A" may be om1 tted
lif th& document is the plat of record for the project. If\
Exhibit riA" is the plat of recoro ensure that the pla.t ti-:le
and plat book and paqe numbe~ are legible on the ~educeQ copy.
- ~
3. ~,(pr.a.V10I.lS comment) - Amend Section 6.33 by onllttlnq ZOllJ.n.g
V ~09~ of thg Cit,.'L t:lf BQ)/'nton Bilacb. all9. as 8110'l\l'n and de~'Wr1b2.d
2U ~e annroved master site ~evelop~ent ~lan ana replace with
as ~own and dQ~crlqed on the current a~~rov~ master Dlan.
The document lanq1.laqe conflicts with the requlations
1d.entifiecl on t11e ..;\,u"rIJnt approved master plan.
4. ~(p~eV10us comment) - Either omit Se~1on 10.5 in its entirety
O~. ."bl1li < all aballaomnent al1Pl1caUon for each roaQ or co\\r< \
l idlilntified in Section 10, s. Ii is ::.ecollltlended thZLt the cedar
~ Rid e a put> and Hi 11 Rid' ~ commerce l"k a PID lat be re..
~ P Dtte to chan e the streets and courts to rlvat~ an omit
... . 0 '8, -
buru.a s Gauway to tlit (julfstrtrun
FEB 12 '97 11:12 DENNIS P KOEHLER, p,p..)
P.ll
Page 2
Cedar R1dqe Estaces' POA Documents
Octobel- 2, 1995
5. Considering that y~u are not ra~plattlng the plat of record.
add to the document including "Article I - Definitions" the
followinq association titles that are ident1fied Oll th~
current plat of reco~d;
\ceda.r Rid(jJ& Con\munity Assoc1atl0nL- Ine. 1 Cedal- Ridge Estates
Romeowners Assoclation, Inc., Ceaar Rlaqe Condomtnlum
Assooiation, Inc. and High Ridge commerce Park Assoc1a~10n
Inc,
--
6. Omit all reference to c,dar R1dae Estates Pro~ertv Owners'
Associa.ti~n. Inc. and qlaster association for the en~1re PUD
and insert the correct t1 tles as l"eferenced in comment w5 J
v1above ~ in tIle titl s iditntifi 1a the
dooumel by 1nsert ng titxt n t e ocument t at specifica y
e el-ences the titles on the plat. The referenced
association~ have perpetual maintenance obligation identified
on the plat for parcels AI a and c. The proposed document
tlDeclaratiol1 of Covenants and Restr1ctlons for Cedar Ridc;;e
Estates Boynton Beach, Flo:l;1da" shall match the obliqations
that are identified on the plat, Amend the proposed document
accol."dinqly.
I w21l fax Mr. Hukill', determination of the corrected documents to
you as soon as I receive them.
Very truly yours,
~~C~
Mic' ael E. Haag
an11111q and Zoning Adn1111istrator
MEH:dim
cc: Central File
",.u.,\~.,..,o,.
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r~7"
Il~
~ @ R n rq 1"'",;
lS U \~ ~ ~f P ~ pervisors
G. ~'I Weaver
rmitDell
FEB 2 4 j997 Jo . a IM~~:9~:
W iam Winters
ssis! Manager
Ronald . Crone
Attorney
Perry & Schone. P.A.
PLANNING AND
ZONING DEPT.
LAKE WORTH DRAINAGE DISTRICT
February 19, 1997
13081 MILITARY TRAIL
DELRAY BEACH, FLORIDA 33484
Tambri J. Heyden, AICP
Director Planning and Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
J;iL ;"-
e~J,- ~~' !
J(te
Dear Ms. Heyden:
Subject:
Technical Review Committee Agenda
The Lake Worth Drainage District offers the following comments regarding the items on
the February 18 meeting agenda.
1. Hampton Inn at Quantum Park - No objection. However, a drainage review will
be required prior to commencement of construction,
2. Crystal Key at Woolbright Place, PUD - No objection. However, a drainage
review will be required prior to commencement of construction,
~ 3, Cedar Ridge Tract S - No objection.
..f)le...-.- As always, we thank you for being given the opportunity to comment.
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
~~
Chief Inspector
SJW /mfb
c: Patrick A. Martin, P,E" District Engineer, L WDD
Delray Beach & Boca Raton (561) 498-5363. Boynton Beach & West Palm Beach (561) 737-3835 . Fax (561) 495-9694
FEB 10 '97 16:50 DENNIS P KOEHLER, P,R.)
F,l
LAW OFFICES
DENNIS P. KOEHLER. P.A.
I
Congress Business Center
1280 North Congress Avenue, Suite 104
west Palm Beach, Florida 33409
Telephone: (407) 684-2844
Facsimile: (407) 684-9370
'6
TO: 'U~& ~..: H'Vdb!.
\;S Mr. ~
@~'=- 1~
~~
FAX NUMBER: 37S-(sJ()?o
~~ J 73 -(iJo)f3!315-(i;,3 57
cr> S-!3~
FAX COVER SHEET
l#
FROM: DENNIS P. KOEHLER, ZSOUIRI
LOCAL:
CHARGE TO:
c.~~
FILE! NO: litIS
LONG DIS'l'ANCI:
NO. OF PAGES: I
DATE & TIME OF TRANSMISSION; ~/DI9~
INI'l'IALS OF PERSON SENDING FAX: N. S .
PLUS COVER SHEET
COMMENTS:
.
-
Congress Business Center
1280 North Congress Avenue, Suite 104
West Palm Beach, Florida 33409
Telephone: (561) 684-2844
ill
LAW OFFICES
()ennis 1=>. I\()ehler~
BY FAX
Ms. Tambri Heyden, Di[~8"~12: (561) 684-9370
Planning & zoning Department
CITY OF BOYNTON BEACH
100 East Boynton Beach Blvd.
Boynton Beach, Florida
February 10, 1997
J?IL ; rPsP .g
J-1 [9HD {
I'fr~
RE: CEDAR RIDGE ESTATES - Request for waiver of replatting fee
Dear Tambri:
On behalf of Mr.. .:!I')seph. F. Bti:Jile, Jr., President 01' CEDAR
RIDGE DEVELOPMENT CORP., INC., I want to thank you again for your
creative response to my recent request for a waiver of the
required fee for replatting the single family estates portion of
the CEDAR RIDGE PUD.
In a followup conversation on February 5 with Mr. Ken Hall of
the City's Engineering Department, I confirmed that in lieu of the
flat $3,000 plat review fee, the City will allow CEDAR RIDGE to
pay only for the actual time spent by City staff in reviewing this
application, which is not expected to exceed a total of ten (10)
hours. I further understand that City staff will document the
time that it spends in reviewing the CEDAR RIDGE ESTATES replat,
and that an itemized bill will be presented to CEDAR RIDGE prior
to the public hearings during which the replat will be presented
to the City Commission.
Mr. Hall asked me to provide him with copies of any materials
from my files confirming that City staff (including the City
Attorney) has previously reviewed and approved the homeowners'
association documents that establish maintenance responsibilities
for what will now become private streets. [The original documents
were so approved and recorded by this office in October 1995.] ~
will also ask my client to provide any additional documentation
that Mr. Hall requires.
Many thanks again
responsiveness to my
great cooperation and
needs.
Esquire
DPK/ns
pc: Mr. Ken Hall, Engineering Technician, City Engineering
Department
Mr. Joseph F. Basile, Jr., President, CEDAR RIDGE DEVELOPMENT
CORP.
. DEPAR1 ~ OF DEVELOPMENI
100 Bas~ BOyD~OD Beach Blvd.
P. o. Box 310
BOYD~OD Beach, Florida 33425-0310
January 29, 1997
Cedar Ridge Development Corporation
700 High Ridge Road
Lantana, FL 33462-5006
Attention: Joe Basil
rnt~::,: 00
PL'~jNING AND
ll) r~ i tIIG DEPT.
Re: Cedar Ridge Town Homes - Plat Review
Dear Mr. Basil:
Staffhas reviewed your recent plat submission and has the following comments to be satisfied:
Utility Department
1, The water services and hydrants for buildings 2,3,4,12 and 18 appear to be outside
of the proposed easements. Please modifY either the plat or development plans to
show all utilities within appropriate easements. (Sec,26-33(a))
2, Please add a note to the drainage dedication, allowing the City the "right but not
the responsibility to maintain the drainage system" because the system also
accommodates some drainage from public right-of-way at the present time,
3. Capacity reservation fees for this project are now due, at the rate of$138.60 per
0.75 inch meter. (Sec.26-34(E))
Recreation and Parks
1. Guidelines should include a reference to maintaining the tract in accordance with
the approved Tree Management Plan document.
2, The tract should indicate the location of any proposed fencing and the type of
fencing to be installed by the developer. The fencing should be described in the
Tree Management Plan.
3. The Utility easement along High Ridge Road which is within the preserve tract
should be addressed in the Tree Management Plan.
4, The above items should be included in a section of the Homeowners Association
documents.
5. Comment No, 7 on the plat indicates. a littoral and upland planting plan for the
proposed lake. If a lake is to be developed, a Management Plan for the lake
plantings must be included and addressed in the Homeowners Association
documents.
Development Department
Comments:
1. All plans submitted for specific permits shall meet the City's code requirements at
time of application. These permits include, but are not limited to the following;
site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control
devices, Permits required from agencies such as the FDOT, PBC, SFWMD and
any other permitting agency shall be included with your permit request, Chap,l,
Art.!, Sec,6, par.A, pg,l-3
PHONE: (561) 375-6280
FAX: (561) 375-6357
Cedar Ridge Development Corp., Attention: Joe Basil
Re: Cedar Ridge Town Homes - Plat Review
January 29, 1997
Page #2
2. Revise documents to reflect all comments, Chap, 1, Art. VIII, Sec,l, par.H, pg.1-5l
3. Verify which roads require naming (for mail delivery) with V,S, Postal Service and
submit a list of addresses to the Building Division for approval. Chap.5, Art. V,
Sec. I, par.D8, pg,5-7
4. Compliance with all Development Order conditions required prior to issuance of
C.O" and documents must be rectified to comply with all Development Orders
prior to issuance of building permits. Chap,9, See, 1, par.D, pg.I-53
5. Submit parks/recreation fee in lieu ofland dedication, Chap. 1 , Art. V,
Sec,3A2e(4), pg,l-41
6. Project shall have underground facilities to residential units. Chap,2,5, Sec,9E,
pg.2.5- 7
7. Provide a statement that all utilities are available and will be provided by
appropriate agencies. Chap.3, Art.IV, Sec,3R, pg.3-5
8. Show the locations of all temporary structures or permanent structures having a
temporary use, Provide a statement outlining the temporary use and when they
will be removed. Chap.3, Art.IV, Sec.3R, pg.3-5
9, Provide Traffic Impact Analysis, Chap,2, Sec,9C4h(5), pg.2-85 and Chap.3,
Sec,3S, pg.3-5
10, Provide a master stormwater management plan, Chap,3, Art.IV, Sec.3T, pg.3-6
11. Submit balance offees. Chap.5, Art.V, Sec,lA, pg,5-4
12. The final plat shall contain all required dedications, certifications, approvals, and
acknowledgements, Chap.5, Art.V, Sec.lD6, pg.5-5
13. Submit proper surety, Chap.5, Art.V, Sec.2A2, pg,5-8
14. All L.A.E, are at least five (5) feet wide. Chap,6, Art.III, Sec.3, pg.6-2. Add a
L.A.E, along the west boundary line of the plat abutting High Ridge Road.
15. Need SFWMD & LWDD acceptance prior to Engineering approval. Chap,6,
Art.IV, Sec.5A, pg.6-7
16. Designate a 20 foot maintenance easement where applicable around Tract "G",
Chap.6, Art.IV, Sec.5B, pg,6-8
17. Show by a typical cross-section the required slopes within the 20 foot maintenance
easement around the lake area. Chap.6, Art.IV, Sec,5B, pgs,6-8 & 6-9
18. Utility easements and drainage easements shall not be combined. Chap,6, Art.lV,
Sec,6A, pg,6-9
19. Typical road cross-section shall conform to LDR. Chap.6, Art.IV, Sec. 1 0, par,F,
pg,6-12
20. Applicant's attention is directed to Chap.7, pg.7-1
21. All landscaped areas shall be provided with an automatic water supply system.
Chap,7.5, Art. II , Sec.5B, pg,7.5-14
22. Provide a satisfactory management plan for the preserve area. Chap.7.5, Art.II,
Sec.6, pg.7-5-18
23, Designate a 5 foot landscape buffer easement along the CSX Railroad ROW,
Chap,7.5, Art.III, Sec.8, par.A3, pg,7.5-25
Cedar Ridge Development Corp" Attention: Joe Basil
Cedar Ridge Town Homes - Plat Review
January 29, 1997
Page #3
24. Provide a satisfactory lighting plan including photometries and pole wind loading.
Chap,23, Art,IIA, pg,23-6
25, All driveways shall provide minimum access widths. Chap,23, Art.II, par,H,
pg.23-8
Recommendations:
A. Provide FDOT dead end treatment at T -turnaround,
B. Identify Tract "S-4" shown on the original plat and add a dedication that the tract
is dedicated to the H, 0 ,A.
C, On Sheet 5 of5 correct spelling of "Forrest Road",
D. On notes 3,5 & 7 of the dedications change the word "are" to "is", the perpetual
maintenance obligation,.....
Fire Department - No Comments
Police Dej)artment - No Comments
Public Works - No Comments
Comments from our Planning and Zoning Department will be forwarded as soon as they are
received,
Very truly yours,
;~~4;;;A
WilliamHuk~
Director of Development
WVH/ck
xc: Dale Sugerman
Robert Eichorst
T ambri Heyden
Marshall Gage
Jim Ness
Charles Frederick
John Guidry
Ken Hall
C:CEDRGL TR
Congress Business Center
1280 North Congress Avenue, Suite 104
West Palm Beach, Florida 33409
Telephone: (561) 684-2844
rn
JW 2 2 1991
@
LAW OFFICES
()ennis IJ. l\()ehler'!1 IJ.fl..
rn @ ~. n w ~
BY FAX
Facsimile: (561) 684.9370
January 20, 1997
-f~ Ih
Ms. Tambri Heyden, Director
Planning & zoning Department
CITY OF BOYNTON BEACH
100 East Boynton Beach Blvd.
Boynton Beach, Florida
RE: CEDAR RIDGE ESTATES - Re~~e~t far waiver of replatting fee
Dear Tambri:
11m writing this letter in followup to the hand-written
memorandum that I FAXed to you on January 3, 1997, in which I
requested on behalf of Cedar Ridge developer Mr. Joseph Basile
that the City waive its $3,000.00 plat review fee for the single
family estates portion of the CEDAR RIDGE PUD.
On this date (January 20), Mr. Basile advised me that he had
in fact filed a complete replatting application for the townhome
portion of the PUD late last year, paying the $3,000.00 review fee
at that time. This request for a waiver is therefore limited to
the estates portion of the Cedar Ridge PUD.
In case my FAX with enclosure to you of January 3 never made
it into your hands, I attach a copy for your information and
review.
Please call me to discuss this at your early convenience.
Mr. Basile would like both replatting requests to be presented to
the Boynton Be.acb C:lty Ccuncil a.t the 3ame public meeting, if at
all possible. Please advise.
Esquire
DPK/ns
encls.
pc w/o encls: Mr. Joseph F. Basile, Jr.
,
"
Ii
r
~ .
LAW OFFICES
[) e n I. is IJ. 1\ () e hie r, IJ. P4. .
Congress Busine~ Center
1280 North Congress Avenue, Suite 104
West Palm Beach, Florida 33409
Telephone: (561) 684.2844
~(Q)~~
f!;i fltX Facsimile: (561) 684.9370
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Congress Business Center
1280 North Congress Avenue, Suite 213
West Palm Beach, Florida 33409
Telephone: (407) 684.2844
(C (Q) [Py~
LAW OFFICES
Dennis P. I\()ehler, V.A.
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Facsimile: (407) 684-9370
BY FAX
March 15, 1996
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MEMORANDUM ~
TO: Jam' rof, Esq., City Attorney
CIT OF BOYNTON BEACH /(\ '.
FROM: Dennis P. Koehler, Esquire~
SUBJECT: CEDAR RIDGE PUD - "Privatization" of internal
roadways previously dedicated by plat to the
"general public"
'"
Hoping that you recall our meeting in Tambri Heyden's
temporary conference room on this matter back on January 25, I
wanted to refresh your memory about and request confirmation of
the solution that Ms. Heyden offered toward the end of that
meeting to my client's "replat pl;'oblem.1I The problem is:
(1) The 1983 plat for the CEDAR RIDGE PUD dedicated the
PUD's internal roadways to the public.
( 2 ) Al though constructed, these roadways were never
officially accepted by the City for public ownership and
maintenance.
( 3 ) The current developer,
CORPORATION, INC., and the
"privatize" these roadways
cost-effective manner.
CEDAR RIDGE DEVELOPMENT
City both now desire to
in the most expeditious,
As you will recall, we were joined in that January 25 meeting
by CEDAR RIDGE's managing partner, Mr. Joe Basile and his
consulting engineer, Mr. Peter M. Karekos, P.E. We began our
discussion by reviewing the two (2) known methods of abandoning or
privatizing public roadways: (1) By recorded plat (or replat), or
(2) by a petition for abandonment.
Both of these approaches presen~ substantial problems to my
client. The end result of a successful petition to abandon a
public roadway is the expansion of tae abutting lot to. the
abandoned roadway's centerline. Approval is typically required
from 100% of the abutting lot owners. Ultimately, each lot
owner's legal description and survey must be changed to reflect
the enlarged parcel.
Similar problems are presented if the replat redesignates
these roadways as private streets. All affected lot owners (which
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now include more than 20 new home purchasers in the Cedar Ridge
Estates portion of the PUD) must indicate their approval by
placing their signatures on the replat documents. ultimately,
each individual lot's legal description must also be amended,
assuming of course that 100% lot owner approvals are obtained.
With all of this as background, I hope that you'll recall
Tambri Heyden's most welcome suggested solution:
Designate the roadways withan the PUD in the replat as
common areas, i . e. tracts set aside for ingress and
egress and public utility purposes.
The property owner association documents that I developed
wi th the City's input and recorded for Cedar Ridge Estates on
October 13, 1995 already ensure perpetual access over the PUD's
roadways for all Association members, their guests and invitees.
And maintenance of all of the PUD's common areas are clearly the
obligation of the Association. Put another way, the lot owners'
"bundle of rights" to utilize the PUD's roadways that were
established under the original, 1983 plat would not be limited by
the "Heyden solution" in any way. Only the general public's right
to use these roadways would be impacted, i.e. eliminated.
Since this "privatization" concept has already been approved
by the City and incorporated into the Cedar Ridge Estates
Homeowners' Association documents, replatting the Cedar Ridge PUD
to redesignate these roadways as common areas would merely
implement a plan of development already approved by the City
Commission and will have no impact whatsoever on those who have
purchased lots within the PUD.
I am bringing all of this to your attention at this time
because one of Mr. Karekos' associates, a former member of the
Ci ty of West Palm Beach's engineering staff, has questioned
whether the approach so' laboriously sketched out above will
present title problems in the future. This same individual also
asked if the City of Boynton Beach might accomplish the same
roadway privatization purpose by ~dopting an ordinance similar to
the one attached: Ordinance No. 2210-88, adopted by the West Palm
Beach City Commission on September 6, 1988.
If adopting a similar ordinance could either replace or
strengthen the "Heyden Solution"~described above, we may wish to
consider that approach as well.' Please advi~e.
DPK/nz
encl.
pc w/encl:
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Mr. William V. Hukill, AlA, P.E., City Engineer
Mr. Joseph F. Basile, Jr., Managing Director
CEDAR RIDGE DEVELOPMENT CORPORATION, INC.
Peter M. Karekos, P.E., Principal
PARAMOUNT ENGINEERING GROUP, INC.
Uenllis (J. 1\()elller~ P.A.