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APPLICATION --\ .AF~I-a:L,j\.TION TO THE CITY G? bGYJ._L;l: Hf~_;Cll Dl.\TE 9-l4-78 A1TA01ED HERr:.~ IS EXCERPI' FRO~ ORDll1ANCE NO. 75-19 (2 sheets) SBTrlliG roRIH DiF'O~.ATION, E'IC., ill BE SUPPLIED \'lITH 'nns APPLICATION. FOR RE-ZONINCi PLEASE PRINT OR TYPE I. Name of Applicant Faber & Kirsner, Attorneys at Law. by Harry Kirsner _ 2. Name of O~ner of Property Frederick Zeiger, as Trustee (Please list this name or n8mes as it appears on the Deed) 3. Address of Property to be reO-zoned Property lOG acres at Northwest corner of Golf Rd.' and Conqress Avenue. 4. Legal des~ription of property to be re~zon~d: See Exhibit "A" attached Parcel A (PUQ)- Survey prepared by Schwebke-Shiskin and Associates 5. Rmv is the property p:::'esently zoned? rtgr;("!n1tllra1 6. Hov! do :you 'Want the property to be re-zoned? Planned TTni"i- Development. ,See Exhibit "B" attached, .Land Use Plan prepared by Walter, Taft, Bradshaw & Associates. 7. HOH is the property to be used after re-zoning? As a prestigious Lake fron residentia~ communitYi IMP 0" R TAN T ----------------- BE~ORE ArrY APPLICATION FOR ZONING OR HE-ZONING WILL BE CONSIDERED BY THE PLll..NNING AND ZONING BOARD AND THE CITY COUNCIL, A SCAlE SKETCH OR TRACING CLEARLY INDICATING TH2 PROPERTY TO BE RE-ZONED l-mST BE ATTACHED TO TEIS APPLICATION. THIS ~~ETCH XUST SHOW SURROUNDING STREETS AND PROPERTY UITHIN A DISTAIJCE OF 400 FEET OF THE PROPERTY TO BE PE-ZCNED. IF THE SKETCH IS NOT ATTACHED YOUR APPLICATION CANNOT BE CO!'!SIDERED. A $300.00 fee must accompany each Application. Any reasons yeu may have for ~ishing this property re-zoned IDay be indicated on the back of this application. I hereby grant permission to the Planning and Zoning Board to post a sign on the above described premises stating that a change in zoning has been requested. LL--I ," I , /' .' :: ~- {. l~ -.... " # L. ,- : ......-..~~t ..-'I S.l:gnature Harry Kirsner ' 905 Ainsley Buildinq, Miami, Florida Address -'jel. No. 358-2377 ,~,'"..- FABER & KIRSNER A"TTORNEYS AT L.AW March 2, 1978 SUITE 808 AINSL-EY BUlL-DING 14 N. E. FIRST AVENUE MIAMI. FL-ORIDA 33132 TEL.EPHONE (308) 388-2377 MARX M. FAllER HARRY KIRSNER / Frederick Zeiger, Esq. Suite 303, Dadeland Towers 9300 South Dadeland Blvd Miami, Florida 33156 Re: zoning Boynton Beach Property Authorization to Proceed. Dear Mr. Zeiger: The undersigned, constituting more than 51% of the beneficiaries of the trust on the Boynton Beach property, have agreed that in order to protect the subject property until the sale thereof, relating particularly to the highest and best use, an applica- tion be made to rezone the entire tract of property in accordance with the Land Plan prepared by Walter Taft Bradshaw & Associates. It is suggested that the Law Office of Faber & Kirsner be employed for that purpose. Very truly yours, Julius Bercun - , "...JL../~ ~~,~ c! " Frederick Zeiger ~~_____~,,______,_____~.,-L___._ : ;..... ;~ ~ WARRANTY DEED 7' Of "AMCO FORM 01 INDIVID. TO INDIVIO ~~ This ltfarranty lleed Mrule Ihe 22nd Jay of October, A. D. 19 71, by ARTHUR SILHOL, as Trustee, joined by his wife, SARA SILHOL, . of the County of Allegheny in the State of Pennsypania, (Arthur Sllho1 also beIng I . f it d ' known as AKTHUK A. SILHOL) lerema ter ca e Ihe grantor, to FREDERICK ZEIGER, as Trustee, , '; ,\ wlwse postoffice adcl':ess' is 420 Lincoln Road, Miami Beach, Florida 33139, hereinafter called the grantee: (Wher".vrr \I'if'd hrrein Ihf' tflrms "I(ranlor" and "~ranlt"e" include All the partirs to this insrrumrnt and the- htir~1 Irl{ul rtprt"'rtltati\'r~ and .!\~il(n:t of indh..jduals, and the !UC('f'S'ors and a!ioloili(f1s of corporationll) lttitnesstth: Tllat t/lr> wanlor. for and in considc'ralir)/l of tllC' sum of $ ami otllC'r ,'alualllp considr>rations. r('('r>ipt wlH'reof is Ilr>reby acknoll'l('r/rwci. 111'rellY wants. IlCITnains, sells." aliens, re- mises, relr>ases. conveys anci confirms unto Ille granlee, all thaI cerlain land situate in Palm Beach COllnly, F{oricia\ ,'i:: ii :i I. II I' II I I The East Three-Quarters (E. 3/4) of the Northeast Quarter (NE 1/4) and the North Half (N 1/2) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida. ,I II I I' I! ., " Ii .:.~:" -i.:';':'~'."r, 1 ogtther~iYj/:'~LL tlte tenements, hereditaments and, appurtenances thereto helonging or in any- wise appertaining. JD lIallt and tD llDld, the same in fee simple forever. Rnd the grantor herehy covenants with said grantee that the grantor is lawfully seiozed of said land in fee simple: that the grantor hcu good right and lawful authority to sell and convey said land; that the grantor herehy fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. except taxes accruing subsequent ,to December :51. 19 " " " In 'ltfilntsS first above written. Signe . sealed ~ delivered in oW' presence: " . muuu UUU'"~.~.um""u.~L .~,.."L~.,~,.~..,...,......M STATE OF PENNSYLVANIA l COUNTY OF ALLEGHENY \ S'ACE BELOW fOI IECOIOElS USE I HEREBY CERTIFY that on this day, bt-rore me, an oUicer duly authorized in the State arore.aid and in the County aroresaid to take acknowledgments, personally appeared ARTHUR SILHOL, as Trustee, ,Apined by his wife, SARA SILHOL, (Arthur SA1f+MrRX:i~\inst) as to me known to be the person S described In and who exrcutrd th,. roregoing in.trumelU,\~~, they acknowledged berore me that they ellecuted the .~,~:~,;~, "7fi'!lg,;"., . . , 3:~~ , ; .1.::~cl. ~nd oUlc1al leal In the County and :,t"!Jj ,oJ, ,;;~~~~1I, 22M day or BR:~J~.' " \:d,,:',~ ,A. D. ) 71. ~iY WMM1SSI='.', ,~ '.. , "~.. :.((),~./,..,Id".M..1.<<-:'......,..,....,...".."". Membet,Pennl' Hot~ -:'" This lnslr:i~;;' Pi,~J:.k~'~;..:.?john E. Born, Attorney Addms 32' :Piiia.-~~iican Building, West Palm Beach, 832-5651 . ......, .. 0 . ... I Iten ,.,IIi" .... ..... ClllttJ, Fla., ...... I. ..... 111ft .... IM't 1~1945 PACE 968 Fla. 33401 MAJOR PLANNING ASSUMPTIONS AND OBJECTIVES OF THE DEVELOPMENT PROJECT This planned unit development prepared by Walter Taft Bradshaw & Associates takes into consideration the highly prestigious neighborhood in which the subject 106 acres lie. The plan calls for a large lake with multi- family units surrounding it. The western edge of the property borders on the Quail Ridge golf course. Townhouses and villas are situated on this golf course. Low density garden apartments are situated along the edge of the lake. Over seven acres of the property have been reserved for the dedication of woolbright Road. Neighborhood recreational areas have been set aside in the centrally located areas. The plan has been submitted at a gross density of six unit per acre in accordance with the Master Plan of Palm Beach County, prior to annexation into the City of Boynton Beach. Limited access along Congress Avenue has been provided so as not to hamper the flow of traffic along Congress Avenue. This plan is intended to provide a luxurious life-style for the residents of the neighborhood. The common areas, including the lake, will be owned and maintained by a neighborhood Association. The projected population is approximately 1100. Respectfully submitted, ! I ' H/"--t/~'~/'?",,!u,, ,/ /"7 A ' " - L..- :""/:'J-~"! .t..l..., Harry Kirsner AFFIDAVIT STATE OF FLORIDA) ) S5 COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared HARRY KIRSNER, who first being duly sworn, deposes and says: That he is an attorney at law with offices at Suite 905 Ainsley Building, Miami, Florida. That he has searched the records and to the best of his knowledge the attached list is a complete and accurate list of all the property owners within at least 400 feet of the property to be rezoned. FURTHER AFFIANT SAYETH NOT. ~~~ ,Subscribed and sworn to before ''/",r ;tL th~~d~'t/~/ .....-~--~ .....- / /d//""/ ' '/ r ___ ,I ........-.- , I m~/ , t lorida i / "~/" ''My commission exp~s: /~ / '. ~' r.',~;" tl {l;r~e 1. -ft tn.. C' ::. hJ-'''''' "olary ,\c, . .a,~ .' l' ~,. 1 "'3\} ... .' b'"irEs tl., - lAY- ommlSS\On ~ &. c.suallY c~~y ~_b~f.~- 1978. ./ / iF "' ,/ ;' I / Subscribed and sworn to before me ~his /t/+!:1.day of September, 1978 L t /~'\ - ,I ) --,-__ ~, C.-/ ~(JUuJ.J /J/7//1d ,~ Notary Public, State of Flttida My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT lARGt MYCOMMISSIO," EXPI::ES OCT. 191979 BONDED THRU GENERAL I.NS. UNDERWRITERS, t,\-~~-l : i I i i ! ,1\ ,- b' I .\1., _ 7 il VLJ (: vV ' i ,> 7. L . I..', ~~" f.VE . ~ u~,,:, , "d:'J tf' I' -,\f-,< '11-4tj-w) \~'!IC'---:-';Ii';I--:;,J'---------- " fry r f' L'- " II" .'1,. ,tA II I /I-r 1(.'1 - , i--1lil''' ,.' 7r L I ">"'"'' "~ ;___~t;.~\(FL E j^ .,,-.>.., ',~ r-"---;" \ov'T7:;J;----: " , ,,",' yO '" '" ,/Ju , . iG\~~'~i ,~I, i ff''':' I' '" I "'~ ~,:,>j >~, FlII{ C E t: ".. '- ,,<, '" II t %~,_~_I I t c.\~ '<~~1~ l~l 7., t;, f- HUl' "i ,Lw ?~' ~,~ '>,' ,j '-.l i- ' --, ",-l.\ ~ 'oJ " ",".1 .,1 I i . 0 '-~ d I , ."" ""' """- , I ' ' i ~, "~ ,~;::: "" "' i-~,! I '^ Sl- '-' "\. i ' k- f.L[[ I{ IC"S .'. r I i y i I I ' I I r:; ! Ir'\M.1 H,'Z, t pr ,t" . r I __!i.~~_, _ 1'1 I '1j G c L-p'u- H~n ~~Z L J. MT', (' I, ') JL' 2... -':/ I~}' , __ "I'" E ./ , ' '- ---- "', '7 ,~I-/s-I ---- 4 '. , "I l.J " 'l I, 1\ \II .... 'r-lJV , ' 0. ,: ~\ L. / ,1 ff\L.'''\ ,)~J'~ ~LII'~ ,. I. (, (.. i< ~ 'Z- vv D ~~ (., I< 451 (" ,,- .I :. .":,'1_ PALM BEACH LEISUREVILLE - Section 7 . . Block 81. Lot 4 MaHin, Mildred L. v 1311 S. w. 24th St. , Boynton Beac h, F1a 33435 Lot 5 Cregan, Edward B. & Katherine M v 1313 S. W. 24th St. , Boynton Beach, F1a 33435 Lot 6 Durham, C.E. & Mary M. 1315 s.w. 24th St. , v Boynton Beach, F1a 33435 Lot 7 Young, P.E. & Irene H. 2397 S. w. 14th Avenue l/ Boynton Beach, F1a 33435 Lot 8 Roth, John L. and Rae Y 2395 S.w. 14th Street :/ Boyn to n Beach, F1a 33435 Lot 21 Si1verbauer, E. C. & Katherine 2396 s.w. 13th Terrace 1/ Boynton Beach, F1a 33435 Lot 22 Lovelass J.R. & Marguerite 1309 S.w. 23rd St. , v Boynton Beach, F1a 33435 PALM BEACH LEISUREVILLE - Sect~on 7. Block 82. Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 Lot 17 Seem, Robert W. & Dorothy C. 1310 S.W. 24th St., Boynton Beach, Fla 33435 '" Dvorak, Jerry F. & Anne I. 1312 S.W. 24th St., Boynton Beach, Fla 33435 v Oriola, V. & Lena T. 1314 S.W. 24th Street., Boynton Beach, F1a 33435 J.,. Surles, William P. & Clara V. 1316 s.w. 24th St., ;..-- Boynton Beach, F1a 33435 LaRusso, J. M. & Jean R. 1318 S.W. 24th St., Boynton Beach, Fla 33435 v Bien, Genevieve 2398 S.W. 14th Ave., Boynton Beach, F1a 33435 v Setterholm, M.E., S.R. & Myrtle, E. v 935 S. Lake Streetl3(i(, '.J~(" 1'I""'tu<-t Forest Lake, Minn 55025 ~~ r:k~/, fA Broomhal1, vincent & Mary 2394 S.W. 14th Ave., Boynton Beach, F1a 33435 ~ E1mb1ad, W.B. & Evy1en, L. 2392 S.W. 14th Ave., Boynton Beach, Fla., 33435 v .' TRACT H-5 (304) Hawaiian Pacific Industries c/o Lindsley Lumber Co. 8405 N.W. 53rd Street Miami, Fla., 33166 TRACT H-3 (302.1) , ' Lone Star Hawaii Inc. c/o Lindsley Lumber Co., 8405 N.W. 53rd Street Miami, Fla., 33166 PARCEL E J.C. F. Partnership 1820 S.W. Congress Blvd., Boy~ton Beach,' Fla 33435 PARCEL Kt ..\1 First Baptist Church of Boynton Beach 301 North Seacrest Blvd., Delray Beach, Fla 33444 ALL OF Block 111, Lots 1 & 12 Boynton West Development Corp., 1595 S.W. 22nd Street Boynton Beach, Fla., 33435 01-90-1 Sears Roebuck & Co., Tax Dept., 568 South Annex 95 675 Ponce de Leon Ave., N.E. Atlanta, Ga .. r- FROM "I TO l:,: i L \' :-: L :~: _r .: ~ -""1,";', SUBJECT: DATE' FOLD. , ~ C~ ~.:; (~. .~ ! ,j. 'j"'. ~ . ~.: , ,I , .t, ,'-j ..:' ' '.; .. RETURN TO . SIGNED REPLY , ..t DATE: -)/, p, SIGNED GRAVARC co., ONC,. BROOKLVN, N, V. 11232 PER:SC,J'N i:;;r}~)~":~tfJ,f)ttJ FlETt.lF;;~J T'~U:.3 t:C.}}l\[ TO SEJ.JDEH t;.. '-....;..~ 21 November 1978 KIRSNER - COGEN pun SUMMARY Land Use Intensity Total Units Proposed: Total Acreage in pun Gross Density Average Unit Size: 450 105.83 4.25 1,325 s. f. . L. U. I. Requested: 4.1 L. U. I. EVALUATION Required \ Standard Met? Actual Is FAR .214 .13 Yes OSR 3.6 7.42 Yes LSR 2.4 3.21 Yes RSR .18 .32 Yes r F. A. R. (Floor Area Ratio) F. A. R. = Total Residential Floor Area Total Land Area 576,334 = .13 4,609,954 1. Total Residential Floor Area (Average s.f./unit = 1,202) Type of Unit No. of Un its s. F. /Uni t Total s. F. 3 Bedroom Sing. Family 22 1850 40,700 2 Bedroom Apt. 231 1078 249,018 3 Bedroom Apt. 76 1276 96,976 2 Be..proom Townhouse 20 1320 26,400 . 2 Bedroom Villas 33 1320 43,560 3 Bedroom Villas 68 1760 119,680 450 Units Total Residential Floor Area: 576,334 2. Total Land Area 105.82 x 43,560 - 4,609,954 s. f. o. S. R. (Open Space Ratio) O. S. R. = Total Land Area - Ground Floor Building Coverage Total Residential Floor Area o. S. R. = 4,277,363 7.42 576,334 1. Total Land Area 105.82 x 43,560 = 4,609,954 s. f. 2. Ground Floor Coverage Type of Unit Total s. f. Ground Floor Coverage 3 Bedroom Sing. Fam. 40,700 40;700 2 Bedrrom Apt. 249,018 ~ 3 83,006 3 Bedroom Apt. 96,976 ~ 3 32,325 2 Bedroom Townhouse 26,400 ~ 2 13,200 2 Bedroom Villas 43,560 43,560 3 Bedroom Villas 119,680 119,800 576,334 332,591 " L. S. R. (Livability Space Ratio) L.S.R. = Total Open Space Paved Area Waterways Total Residential Floor Area L. S. R. = 4,277,363 - 905,380 576,334 1,524,600 = 3.21 1. Total Open Space Total Land Area: 4,609,954 Less Ground Floor Bldg. Coverage: 332,591 Total Open Space: 4,277,363 s.f. " 2. Impervious Areas Roadways: 383,328 s. f. Civic Areas 52,272 s . f. Rec. Areas 21,780 s. f. Parking 448,000 s. f. 905,380 s . f. 3. Waterways 35 acres x 43,560 = 1,524,600 s.f. 4. Total Residential Floor Area = 576,334 s.f. R.S.R. (Recreation Space Ratio) R.S.R. = Total Active Recreation Total Residential Floor Area = .32 R.S.R.= 186,436 = .32 576,334 1. Total Active Recreational Space 4.28 acres x 43,560 = 186,436 s.f. 2. Total Residentail Floor Area = 576,334 s.f. , , '. I FROM SUBJECT: FOLD. . RETURN TO REPLY DATE: ,~L. '#. rt a SIGNED SIGNED PF.RSOI'..l tJ)mr:::G'3ED --, TO ;1 'iHJS C~:'?'1 YC) GRAYARC co.. INC., BROOKLYN, N. Y. 11232 ARTICLES OF INCORPORATION OF KIRSNER-COGEN ESTATES PROPERTY OWNERS ASSOCIATION, INC. a corporabion Not for Profit We, the undersigned, desiring to form a corporation not for profit, in the State of Florida, hereto make, subscribe, and acknowledge before a Notary Public, and file with the Secretary of State of the State of Florida, Certificate of Incorporation as follows: ARTICLE I. The name of the proposed corporation shall be: KIRSNER-COGEN ESTATES PROPERTY OWNERS ASSOCIATION, INC. ARTICLE II. The general nature of the business and purpose to be transacted by said corporation shall be: A. To assume full responsibility for maintenance and control of common areas, improvements, and equipment. Maintain the property meticulously and in constant repair to reflect owner pride and to insure high property values. B. Prepare an annual operating budget detailed to reflect expected operations for the year. C. Collect general and special assessments, and deposit them into checking, savings, or other income-producing accounts on behalf of the Association and maintain comprehensive records thereof. D. Hail notices of delinquency to any owner in arrears, and exert every reasonable effort to collect delinquent accounts, including tickler notice, letters and telephone and personal contact. E. Prepare forms, pay taxes and file city, state and Federal reports as necessary. F. Administer the development to insure that all residents, owners, tenants and guests alike, conform with adopted house rules, and By-Laws and promote a pleasant and harmonious relationship within the development at all times. G. Obtain and analyze bids for insurance coverage specified in By-Laws, recommend modification or additional coverages. Prepare claims when required and follow up on payment. All of the foregoing are to be construed both as objects and powers and it is hereby expressly provided that the enumeration herein of specific objects and powers shall not be held to limit or restrict in any manner the general objects and powers of the corporation as a non-profit corporation. ARTICLE III. In order to carry out the general objects and purposes of the corporation, the corporation shall have the power to: A. Sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person. B. Adopt and use a cornmon corporate seal and alter the same; such seal shall always contain the words "corporation not for profit". C. Elect or appoint such officers and agents as its affairs shall require. D. Adopt, change, amend and repeal bylaws, not inconsistent with law or its articles of incorporation, for the administration of the affairs of the corporation and the exercise of its corporate powers. E. Increase, by a vote of its members cast as the bylaws may direct, the number of its directors, managers or trustees so that the number shall not be less than three but may be any number in excess there F. Make contracts ane incur liabilities, borrow money at such rates of interest as the corporation may determine, issue its notes, bond and other obligations, and secure any of its obligations by mortgage and pledge of all or any of its property, franchises or income. G. Conduct its affairs, carryon its operations, and have offices and exercise the powers granted by this part in any state, territory, district, or possession .of the United States or any foreign country. H. Purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use or otherwise deal in and with real or personal property, or any interest therein, wherever situated. I. ~. Acquire, eJoy, utilize and dispose of patents, copyrights and trademarks and any licenses and other rights or interests thereunder or therein. J. Sell, convey, mortgage, pledge, lease, exchange, transfer or otherwise dispose of all or an t f. y par 0 ltS property and asset s. K. Purchase, take, receive, subscribe for, or otherwise aquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of and otherwise use and deal in and with, shares and other interests in or obligations of, other domestic or foreign corporations, whether for profit or not for profit, associations, partnerships or individuals, or direct or indirect obligations of the United States, or of any other government, state, territory, governmental district, municipality, or of any instrumentality thereof. L. Lend money for its corporate purposes, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested. M. Make donations for the public welfare or for religious, charitable, scientific, educational or other similar purposes. N. Have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized. o. Merge and consolidate with other corporations both for profit and not for profit, domestic and foreign, provided that the surviving corporation is a corporation not for profit. ARTICLE IV: The membership of this corporation shall be open to all persons owning property in the Kirsner-Cogen Estates, as defined in the By-Laws. ARTICLE V: This corporation shall have perpetual existence unless otherwise provided by the charter amendments hereto. ARTICLE VI: This charter may be amended at any time by resolution as provided in the By-laws and by compliance with the applicable statutes. ARTICLE VII: The names and residences of the principal subscribers hereto are as follows: HY}~ KIRSNER, 34 Star Island, Miami Beach, Florida 33139 HARRY KIRSNER, 905 Ainsley Building, 14 N.E. 1st Ave. Miami, Florida 331~ FREDERICK ZEIGER, #303 - 9300 South Dadeland Blvd. Miami, Florida 33156 ARTICLE VIII: The affairs of the corporation shall be managed by a Board of Directors consisting of no less than three (3) nor more than five (5) members. The first Board of Directors shall consist of the above named subscribers and such additional members as may be elected by a majority vote of said subscribers. The Board of Directors shall be elected at the annual meeting of the subscribers and members as provided for in the By-Laws of the corporation. A. The officers of the corporation who shall serve until the first election shall be as follows: HYMAN KIRSNER HARRY KIRSNER FREDERICK ZEIGER President Vice-President Secretary-Treasurer B. The names and addresses of those who shall serve as Directors until the first election are as follows: HYMAN KIRSNER, 34 Star Island, Miami Beach, Florida 33139 HARRY KIRSNER, 905 Ainsley Building, 14 N. E. 1st Ave. Miami, FL. 33132 FREDERICK ZEIGER, #303-9400 South Dadeland Blvd. Miami, Florida 33156 C. The By-Laws of the corporation shall be adopted by the Board of Directors and may be made, altered and rescinded in accordance with the provisions of said By-Laws. HARRY KIRSNER of 905 Ainsley Building, 14 N. E. 1st Avenue, Miami, Florida 33132 is hereby and herein designated as this corporation's agent to accept service of process within this State. IN WITNESS WHEREOF, the Incorporators have hereunto set their respective hands and seals this _______day of , 1978. L.S. Hyman Kirsner L.S. Harry Kirsner L.S. Frederick Zeiger - F' FROM SUBJECT: FOLD. . RETURN TO REPLY DATE: . SIGNED SIGNED --, TO PER~~Oi'~ ADm~ESSr.:[; PFfUF\l'J 'fH!':) COP'il'O SfNt:'tEn I f-" }". ...... GRAYARC co., INC., BROOKLYN, N. Y. 11232 This Instrument Prepared by; Harry Kirsner, Esq. 905 Ainsley Building Miami, Florida 33132 DECLARATION OF RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth, by FREDERICK ZEIGER, TRUSTEE, hereinafter referred to as "Declarant", WIT N E SSE T H: WHEREAS, Declarant is the owner (except for dedications made ln the Plat of said property) of the following described real property: SEE EXHIBIT A ATTACHED hereinafter referred to 2S the "Subdivision". NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the prupose of protecting the value and desirability of, and which shall run with, the real property and shall be binding upon all parties having any right, title or interest in the above- described premises or any part thereof, their heirs, personal representatives, successors and asslgns, and shall inure to the benefit of each owner thereof. 1. DEFINITIOT':S: (a) "j:_ssocietion" shall J;;c:an and rc:fer to PROPERTY O\\;~.GRS ]:.SSOCIl:'T1G:.J, I?'.JC., i t.s successors end asslgns. (b) "C'\..-ner" ::::-.;:::11 ;,tcan en8 refer to t]-le record owner, ~het~er G~e or ~ore per~ons or entities, of a fee simple title to a~y lot, unit or ~arcel which is a part of ::he sUly3ivisio~, including contract sellers, but C?xc]uding those having such interest merely as security for t:--.i2 'p'~l-[O:!.-~;-;-::.:-~ce of 2n obli~c..tion.. (c) "5~L,(1ivisio~" s~all :-,':,,-='f'. 2nd refer to tr,at certajn real ?ro~~rty hereinbefore described, and such ac3di tions thereto as !:-ay ]-,eree:ft2r be brought v:i thin t.he jurisdiction of the Association. . ' (d) "Common Area" shall mean all real property over which the Association shall have an easement or other right for maintenance of said property. It is distinctly understood that the said property on which the Association shall have an easement or other right for maintenance shall include but not be limited to the area designated as a lake on the recorded Plat of the Subdivision, as well as these certain lands which constitute the grassed in swale area and the roads adjacent to said property. (e) "Lot" shall mean and refer to any platted lot as shown on the recorded plat of the subdivision or any resubdivision thereof. (f) - "Declarant" shall mean and refer to Freder ick Zeiger as Trustee, his successors and assigns, if such successors or assigns should acquire more than one undeveloped lot or parcel from the Declarant for the purposes of development. 2. }lliVillERSHIP AND VOTING RIGHTS: Every owner of a lot, unit or parcel which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot, unit, or parcel which 1S subject to assessment. The Association shall have two classes of voting membership: Class "A": Class "A" members shall be all o'",'ners with the~e~:ception of Declarant and shall be entitled to one (1) vote for each lot or unit owned. Parcels will have one vote for each unit permitted by law to be built thereupon. When more than one person holds an interest in any lot, unit or parcel, all such persons shall be me~bers. The vote for such lot, unit or parcel shall be exercised 3S they 2.Tliong t,h27lselves determine, but in no event shall more than one (1) vote be cast with respect to any lot or unit. Class "B": The Class "B" i<,eTnber(s) sr-.all De t}-;e ------'----- Declarant and shall be entitled to three (3) votes for e a chI 0 tor un i t O\'.'TH::' d . Par eel s ,-,' i 11 r-; a veL fJ r e e ( 3 ) votes for each unit permitted by zoning to be built t:~ereu~)on. The C1ess "B" rr,e"bers!-lip sj';all ceese end be cor;verted to Class "A" r>:':-:-2.2rshiD on the :-:eDDenina ~ . _ J of eit}lc~r of the folloh'ing e-'.'er,ts, \'.'hiciE:\7er c;ccurs E:arlier: (a) Khen the total votes outstanding in the Cl ass ".A." n.e;Tiber sh ip equa 1 the tot al votes outstanding in the Class "B" ,-ne:11bership, or (b) The expiration of five years from the date on which the first unit or lot is conveyed by the Declarant to a resident owner. P a9 e T\,'o 3. COVENANT FOR }~INTENANCE ASSESSMENTS: (a) Creation of the Lien and Personal Obligations of Assessments: The Declarant, for each lot, unit or parcel owned within the Subdivision, hereby covenants, and each owner of any lot, unit or parcel by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association: (1) General assessments and/or charges, and (2) special assessments. Such assessments shall be established and collected as hereinaf~er provided. The general and special assessments, together with interest, costs and reBsonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made, enforceable in accordance with Florida law and the provisions included herein. Each such assessment, together with interest, costs and attorneys fees, shall be the personal obligation of the person \~ho 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 asswued by them. (b) General Assessments: General Assessments shall be made annually for the purpose of maintenance and management of the Association and any property acquired by the Association. Maintenance and management expenses referred to herein as being included within the scope of general assessments shall include, but not be limited to, the cost and expense of operation, maintenance and management of the Association and its property: legal and accounting fees; management fees, operating expenses of the property and the Association; maintenance, repairs and replacements; expenses and liabilities incurred by the Association in and about the enforcement of its rights and duties against members and others, and the creation of reasonable contingencies for reserve requirements for the protection of the members, its property, and all other expenses deemed by the directors of the Association to be necessary and proper for the management, maintenance and repair of said property including the lake within the SubJivision. The Association shall annually estimate the amount of 2):pensc::s it expects to incur and the period of time involved therein and may assess its members sufficient monies to lTio?et th i s cst il:".a te. Shou J d -the l-'.ssoc i at ion, through its Olrectors, at any time, determine that the assessments made are not sufficient to pay the expenses, or, in the event of emergency, the Board of Directors shall have authority to levy and collect additional g2r,2ral 3SS'~SSjlients to meet such n.:::c::ds of tIje .Lissociation. All notices of asseSS::'2r,ts from t}j.~ l'sc::oc::ation to the ITi2JTlbers sl!cll oes ig na te v:}!cn t:ley are aue and pay a bJ e. All 9 <,:nera 1 asse~.S:;i2nts s}-,all be at a 1jniform rate for each lot (or, in the event 200i ti o:-Jal prc.;':'J2l-ty 2 s ~;dce subject to "chis Declaration, each lot, unit or parcel) so t~at each lot, unit or parcel subject to th-:.s Dc.cla.:-atjor: S;,311 :>2 .:o~-s'2:::sed t?ql~al1y. S~Jould a lot, unit or pa~cel be divided ct~ to o~nership so that separate and distinct o~ners or a multiple of o~ners sh~ll be assessed that percentage of the assessment which is equal to the percentage of the lot, unit or parcel o~ned. General assessments shall be collectible In advance monthly, quarterly, semiannually, or aDnually, as the Board of Directors shall determine. m1Y general assessment of payment thereunder remaining unpaid for a pc::riod in excess of thirty (30) days after it beco"les due shall be in default and shall be lienable in accordance with the provisions hereinbefore. r ~ ~ i \ -~ IJ \ 1 } 1 \' ( ') (c) ~ecial Assessments: The Board of Directors may levy a special assessment for- any--valid purpose. Any special assessment shall have the approval of the membership of the Association, said approval to be obtained at a duly convened regular or special meeting called at least in part to secure this approval, by an affirmative vote of no less than two-thirds (2/3) of the members present in person or by proxy. All notices of special assessments from the Association to the members shall designate \vhen they are due and payable. All special assessments shall be at a uniform rate for each lot or unit (or, in the event additional property is made a subject to this Declaration, each lot, unit or parcel) so that each lot, unit or parcel subject to this Declaration shall be assessed equally. Should a lot, unit or parcel be divided as to ownership so that separate and distinct owners or a multiple of owners o~~ separate portions thereof, each distinct owner or multiple of Oh~ers shall be assessed that percentage of the assessment which is equal to the percentage ,of the lot, unit or parcel owned. Special assessments shall be collectible in such manner as the Board of Directors shall determine. Any special assessment or payment thereunder remaining unpaid for a period in excess of thirty (30) days after it becomes due shall be in default and shall be lienable in accordance with the provisions hereinbefore. (d) Uniform Rate of Assessment: Both general and special assessments must be fixed at a uniform rate for all lots and units; parcels will be assessed --on the basis of the number of units permitted by zoning to be built thereon. (e) Date of Con-~encement of Annual Assessments and Due Dates: The annual assessments provided for herein shall cOm~ence as to all lots within the Subdivision on the date Declarant delivers the first deed to any lot within the Subdivision to any owner other than Declarant, its successors and assigns. The first annual assessment shall be adjusted according to the nw~ber of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot 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 Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assess~~nts on a s?ecified lot have been paid. (f) ~!! ec_!__o_~2~on2~_~c:~~~i:__o!_ Jj-!f s e_:, s~en ts and ~0meGleS or tne ~SSOc2atlon: -,,-~,--,~.-----'_._~---'- -.---.--..-.---- -----,--- l-UJY 3ssess::;2Jlt not paid wit;--;in "chirty (3) cc.ys efter the due date shall bear interest from t~e Cue ~ate at the ~ayiDum allO\-'-2ble interest rate. The !,ssocidtion l~.ay bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No OWDer may waive or otherwise escape a liability for the 2sscss~ents provided for herein by non-use of the CO;;cI'10n ;",ye:a or abCcinOOrl..rnent of his lot. \ Page Four (g) Subordination of Lien to Mortgages and Taxes: The lien of the assessments provided for herein shall be subordinate to tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are illoortized in monthly or quarter-annual pa}~ents over a period of not less than ten (10) years. Sale or transfer of any lots shall not affect the assessment lien. 4. TERM: 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 thirty (30) years from the date these covenants are recorded, after which said covenants shall be automatically extended for successive periods of ten (10) years unless an instrlli~ent signed by the then Ow~ers of a majority of the lots (excluding the publically dedicated tracts) in the said property has been recorded, agreeing to change said covenants in whole or in part. 5. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 6. SEVEP~BILITY: Invalidation of anyone of these covenants by judgment or Court order shall in no wise affect any of the provisions which shall remain in full force and effect. 7. A..1.1END?1ENTS: subject to the other provisions of the Declaration relative to amendment, this Declaration and ti,e Articles of Incorporation and By-Laws of the Association may be amended in the following manner: a) Notice. r~otice of the subject matter of a proposed amend".ent shall--be---;ncl ueed il1 the notice of any ffieeting at \..'hich a proposed a~en~~ent is considered. b) R,:::s_c>}u_t_~!:,_Jj:. )C,n eIT!eJJ(~;;lent IT,eY De Dro:x:,sea by ei ther the 30ard of Directors or by 75 per cent of the ~e~b2rs of the ]\ssociation. A resolution adopting a propos2d G.J.;cnG..\2nt must beer tj, e e o::>roV a I of not 1 e ss t1-, an a r:-.aj or i ty of the bc:,ard 0 f d i rector s ~nd 75 per cent of the members of the Association. Directors and ,~..'-:~;-..Je::--s not present at the mee-::ings cO:lsidering the a,,>?nG.:'lent may 0~?rCSS their approval, in writing, given before such meetings. c) Agrc-c;r;::nt. In the alternative, an amenciillent IT.ay be TT1ace by an acreerr-:8ni-s-icned and ac}:no'v;ledced bv all of the rr;2::TlbC?rs oJ -' -' .... of the Association in the manner requirC?d for the C?x2cution of a deed, and such o_i'Tl:'flllYlC?nt shall be effective v;hen recorded in the ?ublic Fecores. Page Five d) Proviso. Provided, however, that no amendment shall discriminate against any owner nor against any residence or class or group of residences unless the owners so affected and such of their first mortgagees which are institutional lenders shall consent; and no amendment shall change any residence nor share in the com~on elements and other of its appurtenances nor increase the owner's share of the expenses unless the owner of the residence concerned and all of such mortgagees as first above recited shall join in the execution of the amendment. e) Execution and Recording. A copy of each amen~~ent shall be attached to a certificate certifying that the amendment was duly adopted, which certificate shall be executed by the officers of the Association with formalities of a deed. The ill~endments shall be effective when such certificate and copy of the amendment are recorded in the Public Records. 8. COSTS AND ATTORNEYS FEES: In any proceeding arising because of an alleged failure of an owner to comply with the terms of Declaration, By-Laws, and rules and regulations adopted pursuant thereto, and said documents and rules and regulations as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys fees as may be awarded by the Court, provided no attorneys fees may be recovered against the Association in any such action. IN WITNESS WHEREOF, Declarant/ FREDERICK ZEIGER AS TRUSTEE/ has caused this instrument to be executed on this day of 197 Frederick Zeiger as Trustee STATE OF FLORIDA J J ] C'c:: ~, "....... . COl'1\TY OF Dl>"DE '- .:rSr-'O?.E !olE I th~ ur~8,.?rsi9ned 2u~rlc'ri t~)', l~erso;1all~i appeared FRED~PICK ZEIGER/ to be known to ~2 t~e person who signed the fore9oing i~:str1~1~L.~rlt a;-}o aC~:'=-Jo.....'lec3.ges t;-;e c~x~"?cution tllereo:: to be his ~rce act a~d dc~d lor the ~ses and purposes therein expressed. of WITNESS my hand and official seal Dade, Florida., this _______oay of at the City of 1.~ia,>li, County 197 Notar-yPublic State of Florida at Large I.1y Commission e::>:pires: (Notarial Seal) Page Six " -..... , I ":'J --- I ~ .J I . --- 1, "'~. j 1 . i 1 ,\ j ~- 1 - ~ I . , , ~-~ i ' . ~ , .~~ ! ; -1 i ~~l r . : 11 ! .... r ~ . ~~ .j 1 t, ~ I : ... I ;.~ l l -1 j . "'4.J I i ; I 1 " I I .. ,i ~ . , .i. I ___.J I J '~ ~ --:a I 1 ! ~ I I :, 1 " { I .....,- I I '- i - -- - - -,-,~_.----'-- ----- ---------- -- - --- --.- ---,- ---- " , , : -' ~~ liGAL uLSCp.IPTlm; -- -.....-. P~RCEL A (P.U,D.) Portions of the East 3/4 of the l~orthecst 1/4 and G~e North 1/2 of t;.e };o.::-t:"~'est 1/4 of the ~o.::-thwest 1/4 of the Northeast 1/4, all in Section 31, Township ~5 Sout Ranse 43 East, Palm Beach COLL'1ty, Florida, being iOlorc pcrticularly described c.S :c Co~~ence at the East 1/4 corner of said Section 31, thence run North 0 eesrees 01 minutes 07 secones East, along the,Eas\ line of said Section 31 for 1340.00 feet; thence rW1 j,ort.h 89..c-~grees 58 minutes 53 secor;cs I';est at right angles to the Jest cesc.::-ibed co~rse for 60.00 feet to the Point of neginning of the followinS cescr:t pdrce1 of lend; thence continue North 89 degrees 58 :rninut.es 53 seconus v.'est for :'7 feet; L'1ence r';orth 0 degrees 01 minutes 07 seconds East for 488. 8~ feet; tLe~;ce :':0 3b desrees 06 minutes 33 seconds East for 251.16 feet; t.her,cc ;~ort}l 0 cc:g:r"ces OJ. minutes 07 seconds East for 590.00 feet; thence South 89 degrees IS ninutes 10 s~c ;,est, parallel \,..ith and 40 feet South of the l~orth line of the i\orthe2St. 1/':; of sa Section 31 for 2188.51 feet; thence South 0 degrees 26 minutes 10 seconds ~cs~, a] the ;,"est line of. the Nort}least 1/4 of said Section 31 for 294,56 feet.; tner:ce ;:Ol-:' 89 degrees 15 minutes 57 seconds East, along South line of the "'orth l/B of t;~e ;:0 east 1/4 of said Section 31 for 667.67 feet; thence South 0 cesrees 19 m~nctes 56 secones I'lest, along the 1';est line of the East 3/4 of the l;ortht?i1st 1/4 of sa:o S",e 31 for 2298.83 feet; thence llortr-, 89 degrees 00 minl.:tes ~3 secones Last., parallcl ond 40 feet ;:orth of tr,e South line of t.he ;lortheast 1/4 of said Seet.io;) 31 for is feet. t.o the Point of C'.Jrvature of a circular curve to the left; tnence ru.... :;:::::sterl: ;,orU~easter ly and r;ortherly along said curve havins a raoi us of 25.00 feet a;"1G 0 c angJe'of 88 cegrees 59 minutes 36 seconds for an arc dis:.ance of 38,83 feet to 2 ? of ~angency; thence run North 0 degrees 01 minutes 07 seconds East, parc.Ilel ~i~h 60.00 feet :;est of the East line of 52i~ Section 31 for 1276.44 feet to ~~e Po~~.~ 3e9i~ning, cor:taining 105.83 dcres, more or Jess. r I FROM TO Gene Moore, City Attorney City Planner SUBJECT: K:iI:"l;!neI:"/CQgen pun FOLD. :lO-:17 -:7 8 ' ' Attached please find Warranty Deed and Property ownerJ Documents submitted in conjunction with the above mentioned re- zoning. Please review these documents as required by the PUD code. CSA:pf enc. \ . 'J <-1 cJ,,().:~ ,\ ~/l..e~'\ . SIGNED [))L. /~, ~V'\ ) . 'ot1 23 ,,~ DATE: SIGNED GRAYARC co., INC.. BROOKLYN, N. y, 11232 THIS COpy FOR PERSON ADDRESSED LAW DF'f'lCES ZEIGER & ZEIGER SUITE 303 . DADELAND TOWERS 9300 SOUTH DADELAND BLVD. MIAMI. FI.ORIDA 331~6 F'REDERICK ZEIGER MITCHELL S. ZEIGER 6 TELEPHONr.X266-2891 AREA CODE 305 March 17th, 1978 City of Boynton Beach p. O. Box 310 Boynton Beach, Florida 33435 RE: Boynton Beach Property- Rezoning Application Gentlemen: This is in connection with the proposed Rezoning Applica- tion to be made by Harry Kirsner, Esquire, of the law firm of Faber & Kirsner, 14 Northeast 1st Avenue, Miami, ,Florida, re the property described in the copy of the enclosed Warranty Deed covering certain property in Section 31, Township 45 South, Range 40 East, Palm Beach County, Florida. Also enclosed are copies of Consents by more than 51% of the beneficiaries of the Trust, of which I am the named Trustee, to the making of an application to re30ne the property. I, as the holder of title, as Trustee, do hereby authorize the law firm of Faber & Kirsner to represent me in the making and processing of the application for said rezoning. Very truly yours, BY: FZ:ah en:: Is. "'-... C~~,. RECL\VEO '\ City III L~J7.tffi\ Bmh "' \\ MAR20 \978 ~ . . , I,; el1Y CLERK FABEH ..".: I{JItSNEH ATTOHNLYS AT LAW Harch 2, 1978 SUITE 90S AINSLEY BUILDING 14 N, E. FIRST AVENUE MIAMI. FLORIDA 33132 Tcu:r"oN': (~OS) 3sn :.'.377 I.~^HX M, FABER III\H'~V Klr~SNLR Frederick Zeiger, Esq. Suite 303, Dadeland Towers 9300 South Dadeland Blvd Mi~mi, Florida 33156 . Re: zoning Boynton Beach Property Authorization to Proceed. Dear Mr. Zeiger: The undersigned, constituting more than 51% of the beneficiaries of the trust on the Boynton Beach property, have agreed that in order to protect the subject property until the sale thereof, relating particularly to the highest and best use, an applica- tion be made to rezone the entire tract of property in accordance with the Land Plan prepared by-Walter Taft Bradshaw & Associates. It is suggested that the'Law Office of Faber & Kirsner be employed for that purpose. Very truly yours, ~1-L i /:~-'_., 0,<' ~ nt:-,_ /....Julius Bercun ~' f ,. l: l.i ;"'/I/oJ sylvia 13ercun . ) . '1 1.1 f /L-<..-~"-v,-- , Joseph Cogen . Lee Cogen Harry Kirsner '. Byroan Kirsner .. _r!. ,-. F ABEH & KIRSNEH ATTORNEYS AT LAW March 2, 1978 SUITE goS AINSLEY BUILDING 14 N. E. FIRST AVENUE MIAMI. FLORIDA 33132 TELEPHONE t3051 358-2377 MARX M, FABER HARRY KIRSNER Frederick Zeiger, Esq. Suite 303, Dade1and Towers 9300 South Dadeland Blvd Miami, Florida 33156 Re: Zoning Boynton Beach Property Authorization to Proceed. Dear Mr. Zeiger: The undersigned, constituting more than 51% of the beneficiaries of the trust on the Boynton Beach property, have agreed that in order to protect the subject property until the sale thereof, relating particularly to the highest and best use, an applica- tion be made to rezone the entire tract of property in accordance with the Land Plan prepared .by Walter Taft Bradshaw & Associates. It is suggested that the Law Office of Faber & Kirsner be employed for that purpose. Very truly yours, , Julius Bercun / Harry Kirsner -- L .! .:. t. ~ / C :' ) -.: l..1 Hyman Kirsner Ida Kirsner Frederick Zeiger ;1 " I I I I, II I, .1 .1 ~ I .1 " " 'I I; " il r H Ii ., I! Ii !, ;' il !/ I; j: I; I' ! I. .j 'I II I .. . x .~ \ I) " ''''~''\ ~ '-0 :"P1Vl:1 I , . ,"'.' ."'-1.,; (1"''''.1 ,_,1 This Warranty DCl .'IIIiI" 111(' 22nd dn\' of ether, :\, f), II) 71, I,y ARTHUR SILHOL, as Trustee, joined by his wife, SARA SILl JOL, . of the County of Allegheny in the St~te of PennsyJvOnia (Arthur Sllhol also relng . ' known as Al{1l1UH'A. SILIIOL) l...r('lIllIf'..r ,'"I/t.d I fl(' '/Hllllor. III FREDERICK ZEIGER as Trustee ' , , .../IO.~,. 1IO,~loffi,(' (J(lrf,(,S.~ is 420 Lincoln Road, Miami Beach, Florida 33139>> /".((,j'lClfl,'r (',,[(,.d 1/1(' flrtlllll"': ("'.tln"\rr lt~rd hrlt"ill II.. 'rflU" '.1(''''''1'''' ..lid ""'..flt,-.." illd"clr ..l! II,r 1'",11111" 1" "11\ ilt".,un,rul :uld rhf' hri". In.':.. I 'f'l',r"rIlT.III\('\ .lId ......il{u.. I" indi\l{.Il....h. and th,. "U',roll4.n OIncf "~"IVJl'" HI ."'P"'AI..."...) lUitncssrth: 'fIlii I Ill(' WCllllor. for 01111 ill nlTlsi,/,'ralioll of Ill(' -<11m of S owl olfll'r I'n/lln/./,. cOlIsi,f..rtIlions, r('....ipl lI.f".rt.of is fll'r..I,). nrLIOII.I..,/rwd. ',,'r,.I,\! !/rnl"S, l",r!ll/iIlS. s"ll.~, oli"'ls. F(', mi.<('s. r('I,'as('s. COIII'('YS CII,d cOllfirms ulllo Ifl(' flrUIIII'('. nil Ifill I (('rl..ill 11111,1 .,illll",. ill Palm Beach ('ollllly. Florida. /'i::: The East Three-Quarters (E. 3/4) of the Northeast Quarter (NE 1/4) and the North Half (N 1/2) of the Northwest Quaner (NW 1/4) of the Northwest Quarter (NW 1/4) of the Nonheast Quaner (NE 1/4) of Section 31, Township 45 South, Range 43 East, Palm J3cach County. Florida. SUBJECf TO restrictions and reservations and rights-of-way of record and taxes subsequent to 1970. '.0 ::!: u If> -,% >- '-.J1- '" c:.;-: -<"".:':\ ":0 <tu ~ 0.. c:> STA-rt=. OF FLORiDA' DOCl!h:"!.~~~6RY/~:~STAM~1~X I UEPT, O~ F.EVENUE /'~"::r~ .~<,.)~ " = _ ,~.t ~r_~:?,~l\ == == OCT2B'11 ~1~F':J'..:?j 6 0 O. 9 0 J - P3. ..~...t."7' == 10524' .~~ I T ogrlhcr u.i/ll all I/Ie lenemenls. heredilam''TIls and appur/enanc,'s tll1'relo E)(.longillg or in uny- ",is,' 'opper/ainillg. Io I-tauf? nnd to I-told, IIII' snml' ill fl'(' silllpl" fon'I.,.r, Rnd If,l' !lnllllllr 111'(('!'y cOPl'na/lls will, said WI/nt"l' ",al 1/11, !lrUlllor is /(lIpflllfy SI'i::I,J of sai,l /WlrI ill fee simpll': 1/101 the grall/or has good righf and /alPflll <Iu/llOril)' fa sl'll and cOIIPey said land; ,f,at Ihe 'I"lIllor IlI'rl'!!.\' flllly worrnnl.< tll(' litle 10 said IUlld a/ld Il'ill defem/ rIle snme nfjuills/ fI,e lawful clnims of ../I I','r,<oll'< wlwllls(},','('r; and IllId said land is frl'e of all ('/lcllmlnnncl's, I'XC(,p/ 'UXI'S accruing SUI,sl'f/u1'1I1 10 /)"Cf'ml>er 3J. 19 C'>? :x: u co <t> 'J\- ...... l:.c;;;".: ....::- ....0 ~ ~u n. ...... DOCUMENTARY - SUR TAX 15 5 o. ~ 5 j <::> In Witness tffhrrcof, II,e snid !Jrtllllor IlOS s;Ulled 011(1 sl'n/ed "lese prl'sents IIIP day (Inri YI'ur firsl ohovE' wrillf'n, E~/''e<eni:J STATE Of PENNSYL VANIA I COLT~TY OF ALLEGHENY ( /' I { { IT I -I I \'.' If" .. ( . , ( . ,.' " -' .... 2""'iihllY-Bi 10("-~lsTiiisie'e-- , r-r." ~ ~ \ --.. 's~i";...--" , - '.-........ m ~ SPACE !EtOW fOR IEco_nus USE I HEREBY CERTifY that on this day. b<-fore me, an olfi,n dul~ aulhoriH'-i in the Slate aforesaid and in Ih,. Counly afornaid 10 tal". acknowledgments, p",rsonally apP,'ar"d ARTHUR SILHOL, as Trustee, joined by his Wl, 'fe, SARA SILHOL, (Arthur Sflhol also beil).Z known as ARTHUR A. ;JILHOL) 10 me known 10 be lhe- p..r:;onS dl'Slrob..d In and ",h" (,x'cuke! 11... Cor,.going imlrurn..n'. ..nd._...they ad,,,o,,,lrdge-d hdor.. me- ,!.at they 1'"erUII'd Ihe un/rot.... \ \' I ,;. W:~ I:"~S:;..' '7 ,~:a~d and official s..31 :n Ihe County ;II,d Sl.~it'" last' Qt.sald"lhis 22nd day oC JAl,~T M. 6R~"D'..~:Q~ vW~~"";-~ ':. I' A. D. I: 71. l'iHiJGt va LE OPtlQ. MlE.CH[ , , '., I... . ;' ..01 . ..;..i:I';~,;)\~1.x');;;d c rM,l i / ("> l..-):/ t --: ~~,(,:.. '.~( '."'..r, f'I.Tn~y:,v~;,'~~;' ,J~';:~~~itoT:~~~.........,..t......,..,r........ ',....."....' '" 'flll] InJlr/Jlllr'n" prrp~';!./lJ.I~' John E. Born, Attorney . \ddll:~' 326 Pan American Building, West Palm Beach, 832-5651 RllC.~t! In 0 R Book &: R~: ord verll i~d f,llIl Be~c. Counly. Fla.. Jobn II. Dunkr. ~ ~It Court t: Clr:~~lCl{lr; Pf.GE 068 r.C.~J J V v Fla. 33401 FABER & KIRSNER ATTORNEYS AT LAW MARX M. FABER HARRY KIRSNER SUITE 90S AINSLEY BUILDING 14 N. E, FIRST AVENUE MIAMI. FLORIDA 33132 TELEPHONE (30S) 358-2377 October 12, 1978 ~~. Carmen S. Annunziato City Planning Department Post Office Box 310 Boynton Beach, Florida In re: PuD ZonL~g Application :)ear I'X. j'.nnunziato: Enclosed plea.se find the proposed Declaration of :=;cstrictions for our planned u..-.i i:. uevGIOpi'11ent zoning application. Please be advised that this is only a proposed form mld not to ~e recorded ~t thi~ tiw8. Please review the same and favor me with you.r COLU!lents. Sinc<2rely, Horry Kirsner H I~ : s encl. cc Gene i:loore, LHquire Thj~ Instrument Prepared by; Iarry Kirsner, Esq. 905 Ainsley Building Miami, Florida 33132 DECLARATION OF RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth, by FREDERICK ZEIGER, TRUSTEE, hereinafter referred to as "Declarant", WIT N E SSE T H: WHEREAS, Declarant is the owner (except for dedications made In the Plat of said property) of the following described real property: SEE EXHIBIT A ATTACHED hereinafter referred to as the "Subdivision". NOW, THERSFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the prupose of protecting the value and desirability of, and which shall run with, the real property and shall be binding upon all parties having any right, title or interest in the above- described premises or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. 1. DEFINITIONS: (a) "Association" shall mean and refer to PROPERTY OWNERS ASSOCIATION, INC., its successors and aSSlgns. (b) "Owner" shall mean and refer to the record owner, ~hether one or more persons or entities, of a fee simple title to any lot, unit or parcel which is a part of the subdivision, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. (c) "Subdivision" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. ---- ..........-' -'. ;.". , ~:.':'\.ME"MORANDIJ1\"-:, ~ ~ . . ',", .'~ OCT 6 1978 TO Carmen Annunziato, City Planner DATE: October 6, 1978 REZONING Applications of Faber &- Kirsner for Planning & Zoning Board Meeting of 10/24/78 FILE FROM Tereesa Padgett, City Clerk SUBJECT Forwarded herewith are copies of the following for distribution to interested parties as you see fit: Application for PUD rezoning with receipt #51429 Application for C-3 rezoning with receipt #51430 Legal Description Letter from Trustee, Mr. Frederick Zeiger, authorizing Faber & Kirsner to represent application Two letters from Faber & Kirsner signed by more than 51% of the beneficiaries of the trust on this property Warranty Deed dated October 22, 1971 Location Map Notice of Hearing as advertised Notice sent to property owners within 400 feet List of property owners We also have the following in our files, if anyone wishes to view them or use them for the meeting of 10/24/78: Technical Appendix and set of proposed plans. c-2~ Tereesa Pa ett, City Clerk sk cc: City Manager (d) "Common Area" shall mean all real property over which the Association shall have an easement or other right for maintenance of said property. It is distinctly understood that the said property on which the Association shall have an easement or other right for maintenance shall include but not be limited to the area designated as a lake on the recorded Plat of the Subdivision, as well as these certain lands which constitute the grassed in swale area and the roads adjacent to said property. (e) "Lot" shall mean and refer to any platted lot as shown on the recorded plat of the Subdivision or any resubdivision thereof. (f) "Declarant" shall mean and refer to Frederick Zeiger as Trustee, his successors and assigns, if such successors or assigns should acquire more than one undeveloped lot or parcel from the Declarant for the purposes of development. 2. }lli~illERSHIP AND VOTING RIGHTS: Every owner of a lot, unit or parcel which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot, unit. or parcel which 1S subject to assessment. The Association shall have two classes of voting membership: Class "A": Class "A" members shall be all owners with the exception of Declarant and shall be entitled to one (1) vote for each lot or unit owned. Parcels will have one vote for each unit permitted by law to be built thereupon. When more than one person holds an interest in any lot, unit or parcel, all such persons shall be members. The vote for such lot, unit or parcel shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot or unit. Class "B": The Class "B" rnember(s) shall be the Decl~rant and shall be entitled to three (3) votes for each lot or unit owned. Parcels will have three (3) votes for each unit permitted by zoning to be built thereupon. The Class liB" membership shall cease and be converted to Class "A" membership on the happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class "A" membership equal the total votes outstanding in the Class "B" membership, or (b) The expiration of five years from the Gate on which the first unit or lot is conveyed by the Declarant to a resident owner. Page Two 3. COVENANT FOR MAINTENANCE ASSESSMENTS: (a) Creation of the Lien and Personal Obligations of Assessments: The Declarant, for each lot, unit or parcel owned within the Subdivision, hereby covenants, and each owner of any lot, unit or parcel by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association: (1) General assessments and/or charges, and (2) special assessments. Such assessments shall be established and collected as hereinafter provided. The general and special assessments, together with interest, costs and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made, enforceable in accordance with Florida law and the provisions included herein. Each such assessment, together with interest, costs and attorneys fees, shall 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. (b) General Assessments: General Assessments shall be made annually for the purpose of maintenance and management of the Association and any property acquired by the Association. Maintenance and management expenses referred to herein as being included within the scope of general assessments shall include, but not be limited to, the cost and expense of operation, maintenance and management of the Association and its property: legal and accounting fees; management fees, operating expenses of the property and the Association; maintenance, repairs and replacements; expenses and liabilities incurred by the Association in and about the enforcement of its rights and duties against members and others, and the creation of reasonable contingencies for reserve requirements for the protection of the members, its property, and all other expenses deemed by the directors of the Association to be necessary and proper for the management, maintenance and repair of said property including the lake within the Sub~ivision. The Association shall annually estimate the amount of expenses it expects to incur and the period of time involved therein and may assess its members sufficient monies to meet this estimate. Should the Association, through its directors, at any time, determine that the assessments made are not sufficient to pay the expenses, or, in the event of emergency, the Board of Directors shall have authority to levy and collect additional general assessments to meet such needs of the Association. All notices of assessments from the Association to the members shall designate when they are due and payable. All general assessments shall be at a uniform rate for each lot (or, in the event additional property is made subject to this Declaration, each lot, unit or parcel) so that each lot, unit or parcel subject to this Declaration shall be assessed equally. Should a lot, unit or parcel be divided as to ownership so that separate and distinct owners or a multiple of owners shall be assessed that percentage of the assessment which is equal to the percentage of the lot, unit or parcel owned. General assessments shall be collectible in advance monthly, quarterly, semiannually, or annually, as the Board of Directors shall determine. Any general assessment of payment thereunder remaining unpaid for a period in excess of thirty (30) days after it becomes due shall be in default and shall be lienable in accordance with the provisions hereinbefore. Page Three (c) Special Assessments: The Board of Directors may levy a special assessment for any-valid purpose. Any special assessment shall have the approval of the membership of the Association, said approval to be obtained at a duly convened regular or special meeting called at least in part to secure this approval, by an affirmative vote of no less than two-thirds (2/3) of the members present in person or by proxy. All notices of special assessments from the Association to the members shall designate when they are due and payable. All special assessments shall be at a uniform rate for each lot or unit (or, in the event additional property is made a subject to this Declaration, each lot, unit or parcel) so that each lot, unit or parcel subject to this Declaration shall be assessed equally. Should a lot, unit or parcel be divided as to ownership so that separate and distinct owners or a multiple of owners own separate portions thereof, each distinct owner or multiple of o\mers shall be assessed that percentage of the assessment which is equal to the percentage .of the lot, unit or parcel owned. Special assessments shall be collectible in such manner as the Board of Directors shall determine. Any special assessment or paYTIent thereunder remaining unpaid for a period in excess of thirty (30) days after it becomes due shall be in default and shall be lienable in accordance with the provisions hereinbefore. (d) Uniform Rate of Assessment: Both general and special assessments must be fixed at a uniform rate for all lots and units; parcels will be assessed on the basis of the number of units permitted by zoning to be built thereon. (e) Date of Commencement of Annual Assessments and Due Dates: The annual assessments provided for herein shall commence as to all lots within the Subdivision on the date Declarant delivers the first deed to any lot within the Subdivision to any owner other than Declarant, its successors and assigns. 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 lot 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 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 lot have been paid. (f) Effect of Nonpayment of Assessments and Reme-dies of the ]\ssociation: I-my as ses S;:ient not paid \\Ii thin thi rty (3) days after the due cate stall bear interest from the due date at the maximum allo~able interest rate. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape a liability for the assessments provided for herein by non-use of the Common Area or abandolIDent of his lot. .. Page Four (g) Subordination of Lien to Mortgages and Taxes: The lien of the assessments provided for herein shall be subordinate to tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual paYTIents over a period of not less than ten (10) years. Sale or transfer of any lots shall not affect the assessment lien. 4. TERM: 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 thirty (30) years from the date these covenants are recorded, after which said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of a majority of the lots (excluding the publically dedicated tracts) in the said property has been recorded, agreeing to change said covenants in whole or in part. 5. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 6. SEVERABILITY: Invalidation of anyone of these covenants by judgment or Court order shall in no wise affect any of the provisions which shall remain in full force and effect. 7. AMENDMENTS: Subject to the other provisions of the Declaration relative to amendment, this Declaration and the Articles of Incorporation and By-Laws of the Association may be amended in the following manner: a) Notice. Notice of the subject matter of a proposed amendment shall be included ill the notice of any meeting at which a proposed amendment is considered. b) Resolution. An amendment may be proposed by either the Board of Directors or by 75 per cent of the members of the Association. A resolution adopting a proposed amendment must bear the approval of not less than a majority of the board of directors and 75 per cent of the members of the Association. Directors and members not present at the mee-:.ings considering the amendment may express their approval, in writing, given before such meetings. c) Agreement. In the alternative, an amen~~ent may be made by an agreement signed and acknowledged by all of the members of the Association in the manner required for the execution of a deed, and such amendment shall be effective when recorded in the Public Records. Page Five d) Proviso. Provided, however, that no amendment shall discriminate against any owner nor against any residence or class or group of residences unless the owners so affected and such of their first mortgagees which are institutional lenders shall consent; and no amendment shall change any residence nor share in the common elements and other of its appurtenances nor increase the owner's share of the expenses unless the owner of the residence concerned and all of such mortgagees as first above recited shall join in the execution of the amendment. e) Execution and Recording. A copy of each amendment shall be attached to a certificate certifying that the amendment was duly adopted, which certificate shall be executed by the officers of the Association with formalities of a deed. The amendments shall be effective when such certificate and copy of the amendment are recorded in the Public Records. 8. COSTS AND ATTORNEYS FEES: In any proceeding arising because of an alleged failure of an owner to comply with the terms of Declaration, By-Laws, and rules and regulations adopted pursuant thereto, and said documents and rules and regulations as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys fees as may be awarded by the Court, provided no attorneys fees may be recovered against the Association in any such action. IN WITNESS WHEREOF, Declarant, FREDERICK ZEIGER AS TRUSTEE, has caused this instrument to be executed on this day of , 197 Frederick zeiger as Trustee COUNTY OF DADE J J ] SS. STATE OF FLORIDA , BEFORE ~lli, the undersigned authority, personally appeared FREDERICK ZEIGER, to be known to be the person who signed the foregoing ir.str~~ent and acknowledges the execution thereof to be his free act and deed for the uses and purposes therein expressed. WITNESS my hand and official seal at the City of Miami, County of Dade, Florida, this day of , 197 Notary Public State of Florida at Large My Con~ission expires: (Notarial Seal) Page Six I - ~ -,.,. , t i I I I ! ] ! ~,J ~ .J L- ~ , l .~. ~ 1 _''J ~ , , ;-~ . -j . ~ j r~ ~1 I . , I -, .. ",~ j ! ,.~~ ~ . 'J ;; < " i.j 1" J ~'~ ~ '1 ~ ~-.~~ i ~ I 1 , J ".; I ~ ~j ~ -~ J I -: I If i I l ,I ! ,I ~ ~ I" {: ~~! ~--- --~---------~. -------- ---------,- _. " , , :' w::CAL DESCRIPTIO;; " PKKCEL A (P.U.D.) Portions of the East 3/4 of the l~ortheast 1/4 and the North 1/2 of the :\orth....'est 1/4 of the Northwest 1/4 of the Northeast 1/4, all in Section 31, Township 45 Sout Range 43 East, Palm 5each COtL"1ty, Florida, being more particularly described c.S fo " Co:r:-::nence at the East 1/4 corner of said Section 31, thence run ~Jorth 0 degrees 01 minutes 07 seconds East, along ~he.East line of said Section 31 for 1340.00 feet; thence rill1 North 89.-d~grees 58 minutes '53 seconds h'est at right angles to the last described course for 60,00 feet to the Point of Beginning of the following describ, parcel of land; thence continue North 89 degrees 58 minutes 53 seconds West for 57, feet; thence Nort.h 0 degrees 01 minutes 07 seconds East for 488.84 feet; thence No, 38 degrees OG minutes 33 seconds East for 251.16 feet; thence Nortl1 0 degrees 01 minutes 07 seconds East for 590.00 feet; thence South 89 degrees 18 minutes 10 SCC( West, parallel with and 40 feet South of the North line of the r';ortheast 1/4 of sa: Section 31 for 2188.51 feet; thence South 0 degrees 26 minutes 10 seconds West, ale the ..;cst line of. the Northeast 1/4 of said Section 31 for 294,56 feet; thence ::ortl 89 degrees 15 minutes 57 seconds East, along South line of ele North 1/8 of the Nox east 1/4 of said Section 31 for 667.67 feetj thence South 0 degrees 19 minutes 56 seconds West, along the West line of the East 3/4 of the Northeast 1/4 of said Sect 31 for 2298.83 feet; thence :lorth 89 degrees 00 minutes 43 seconds East, parallel w and 40 feet North of the South line of the IJortheast 1/4 of said Section 31 for 193 feet t,o the Point af Curvature of a circular curve to the left; thence run Easterly Northeasterly and r:artherly along said curve having a radius of 25,00 feet and a ce angle'of 88 degrees. 59 minutes 36 seconds for an arc distance of 38.83 feet to a po of Ta~gency; thence run North 0 degrees 01 minutes 07 seconds East, parallel with a 60.00 feet West of the East line of said Section 31 for 1276.44 feet to the Poi~t 0 Eegin~ing, containi~g 105.83 acres, more or less. ~J:.' . -.,'. FABER & KIRSNER ATTORNEYS AT LAW MARX M. FABER HARRY KIRSNER SUITE 90S AINSLEY BUILDING 14 N, E, FIRST AVENUE MIAMI. FLORIDA 33132 TEL.EPHONE (305) 358-2377 October 12, 1978 Mr. Carmen S. Annunziato City Planning Department Post Office Box 310 Boynton Beach, Florida In re: PUD Zoning Application Dear Mr. Annunziato: Enclosed please find the proposed Declaration of Restrictions for our planned unit development zoning application. Please be advised that this is only a proposed form and not to be recorded at this time. Please review the same and favor me with your comments. Sincerely, /k~z~ k~? Harry Kl.rs~r HK:s encl. cc Gene Moore, Esquire ":,r, _ , ~,,. ..-. Th. Instrument Prepared by; rlarry Kirsner, Esq. 905 Ainsley Building Miami, Florida 33132 DECLARATION OF RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth, by FREDERICK ZEIGER, TRUSTEE, hereinafter referred to as "Declarant", WIT N E SSE T H: WHEREAS, Declarant is the owner (except for dedications made in the Plat of said property) of the following described real property: SEE EXHIBIT A ATTACHED hereinafter referred to as the "Subdivision". NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the prupose of protecting the value and desirability of, and which shall run with, the real property and shall be binding upon all parties having any right, title or interest in the above- described premises or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. 1. DEFINITIONS: (a) "Association" shall mean and refer to PROPERTY OWNERS ASSOCIATION, INC., its successors and assigns. (b) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot, unit or parcel which is a part of the subdivision, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. (c) "Subdivision" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. , ~ 3. COVENANT FOR MAINTENANCE ASSESSMENTS: (a) Creation of the Lien and Personal Obligations of Assessments: The Declarant, for each lot, unit or parcel owned within the Subdivision, hereby covenants, and each owner of any lot, unit or parcel by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association: (1) General assessments and/or charges, and (2) special assessments. Such assessments shall be established and collected as hereinafter provided. The general and special assessments, together with interest, costs and reasonable attorneys fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made, enforceable in accordance with Florida law and the provisions included herein. Each such assessment, together with interest, costs and attorneys fees, shall 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. (b) General Assessments: General Assessments shall be made annually for the purpose of maintenance and management of the Association and any property acquired by the Association. Maintenance and management expenses referred to herein as being included within the scope of general assessments shall include, but not be limited to, the cost and expense of operation, maintenance and management of the Association and its property: legal and accounting fees; management fees, operating expenses of the property and the Association; maintenance, repairs and replacements; expenses and liabilities incurred by the Association in and about the enforcement of its rights and duties against members and others, and the creation of reasonable contingencies for reserve requirements for the protection of the members, its property, and all other expenses deemed by the directors of the Association to be necessary and proper for the management, maintenance and repair of said property including the lake within the Subdivision. The Association shall annually estimate the amount of expenses it expects to incur and the period of time involved therein and may assess its members sufficient monies to meet this estimate. Should the Association, through its directors, at any time, determine that the assessments made are not sufficient to pay the expenses, or, in the event of emergency, the Board of Directors shall have authority to levy and collect additional general assessments to meet such needs of the Association. All notices of assessments from the Association to the members shall designate when they are due and payable. All general assessments shall be at a uniform rate for each lot (or, in the event additional property is made subject to this Declaration, each lot, unit or parcel) so that each lot, unit or parcel subject to this Declaration shall be assessed equally. Should a lot, unit or parcel be divided as to ownership so that separate and distinct owners or a multiple of owners shall be assessed that percentage of the assessment which is equal to the percentage of the lot, unit or parcel owned. General assessments shall be collectible in advance monthly, quarterly, semiannually, or annually, as the Board of Directors shall determine. Any general assessment of payment thereunder remaining unpaid for a period in excess of thirty (30) days after it becomes due shall be in default and shall be lienable in accordance with the provisions hereinbefore. Page Three ,- .. (c) Special Assessments: The Board of Directors may levy a special assessment for any valid purpose. Any special assessment shall have the approval of the membership of the Association, said approval to be obtained at a duly convened regular or special meeting called at least in part to secure this approval, by an affirmative vote of no less than two-thirds (2/3) of the members present in person or by proxy. All notices of special assessments from the Association to the members shall designate when they are due and payable. All special assessments shall be at a uniform rate for each lot or unit (or, in the event additional property is made a subject to this Declaration, each lot, unit or parcel) so that each lot, unit or parcel subject to this Declaration shall be assessed equally. Should a lot, unit or parcel be divided as to ownership so that separate and distinct owners or a multiple of owners own separate portions thereof, each distinct owner or multiple of owners shall be assessed that percentage of the assessment which is equal to the percentage of the lot, unit or parcel owned. Special assessments shall be collectible in such manner as the Board of Directors shall determine. Any special assessment or payment thereunder remaining unpaid for a period in excess of thirty (30) days after it becomes due shall be in default and shall be lienable in accordance with the provisions hereinbefore. (d) Uniform Rate of Assessment: Both general and special assessments must be fixed at a uniform rate for all lots and units; parcels will be assessed on the basis of the number of units permitted by zoning to be built thereon. (e) Date of Commencement of Annual Assessments and Due Dates: The annual assessments provided for herein shall commence as to all lots within the Subdivision on the date Declarant delivers the first deed to any lot within the Subdivision to any owner other than Declarant, its successors and assigns. 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 lot 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 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 lot have been paid. (f) Effect of Nonpayment of Assessments and Remedies of the Association: Any assessment not paid within thirty (3) days after the due date shall bear interest from the due date at the maximum allowable interest rate. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape a liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Page Four .. *" (g) Subordination of Lien to Mortgages and Taxes: The lien of the assessments provided for herein shall be subordinate to tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten (10) years. Sale or transfer of any lots shall not affect the assessment lien. 4. TERM: 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 thirty (30) years from the date these covenants are recorded, after which said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of a majority of the lots (excluding the publically dedicated tracts) in the said property has been recorded, agreeing to change said covenants in whole or in part. 5. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 6. SEVERABILITY: Invalidation of anyone of these covenants by judgment or Court order shall in no wise affect any of the provisions which shall remain in full force and effect. 7. AMENDMENTS: Subject to the other provisions of the Declaration relative to amendment, this Declaration and the Articles of Incorporation and By-Laws of the Association may be amended in the following manner: a) Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. b) Resolution. An amendment may be proposed by either the Board of Directors or by 75 per cent of the members of the Association. A resolution adopting a proposed amendment must bear the approval of not less than a majority of the board of directors and 75 per cent of the members of the Association. Directors and members not present at the meetings considering the amendment may express their approval, in writing, given before such meetings. c) Agreement. In the alternative, an amendment may be made by an agreement signed and acknowledged by all of the members of the Association in the manner required for the execution of a deed, and such amendment shall be effective when recorded in the Public Records. Page Five . - (g) Subordination of Lien to Mortgages and Taxes; The lien of the assessments provided for herein shall be subordinate to tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens, and secure indebtedness which are amortized in monthly or quarter-annual payments over a period of not less than ten (10) years. Sale or transfer of any lots shall not affect the assessment lien. 4. TERM: 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 thirty (30) years from the date these covenants are recorded, after which said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of a majority of the lots (excluding the publically dedicated tracts) in the said property has been recorded, agreeing to change said covenants in whole or in part. 5. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 6. SEVERABILITY: Invalidation of anyone of these covenants by judgment or Court order shall in no wise affect any of the provisions which shall remain in full force and effect. 7 . AMENDMENTS: Subject to the other provisions of the Declaration relative to amendment, this Declaration and the Articles of Incorporation and By-Laws of the Association may be amended in the following manner: a) Notice. Notice of the subject matter of a proposed amendment shall be included ill the notice of any meeting at which a proposed amendment is considered. b) Resolution. An amendment may be proposed by either the Board of Directors or by 75 per cent of the members of the Association. A resolution adopting a proposed amendment must bear the approval of not less than a majority of the board of directors and 75 per cent of the members of the Association. Directors and members not present at the meetings considering the amendment may express their approval, in writing, given before such meetings. c) Agreement. In the alternative, an amendment may be made by an agreement signed and acknowledged by all of the members of the Association in the manner required for the execution of a deed, and such amendment shall be effective when recorded in the Public Records. Page Five ~ ,uc.- d) Proviso. Provided, however, that no amendment shall discriminate against any owner nor against any residence or class or group of residences unless the owners so affected and such of their first mortgagees which are institutional lenders shall consent; and no amendment shall change any residence nor share in the common elements and other of its appurtenances nor increase the ownerfs share of the expenses unless the owner of the residence concerned and all of such mortgagees as first above recited shall join in the execution of the amendment. e) Execution and Recording. A copy of each amendment shall be attached to a certificate certifying that the amendment was duly adopted, which certificate shall be executed by the officers of the Association with formalities of a deed. The amendments shall be effective when such certificate and copy of the amendment are recorded in the Public Records. 8. COSTS AND ATTORNEYS FEES: In any proceeding arising because of an alleged failure of an owner to comply with the terms of Declaration, By-Laws, and rules and regulations adopted pursuant thereto, and said documents and rules and regulations as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys fees as may be awarded by the Court, provided no attorneys fees may be recovered against the Association in any such action. IN WITNESS WHEREOF, Declarant, FREDERICK ZEIGER AS TRUSTEE, has caused this instrument to be executed on this day of , 197 Frederick Zeiger as Trustee STATE OF FLORIDA J J ] SS. : COUNTY OF DADE '- BEFORE ME, the undersigned authority, personally appeared FREDERICK ZEIGER, to be known to be the person who signed the foregoing instrument and acknowledges the execution thereof to be his free act and deed for the uses and purposes therein expressed. WITNESS my hand and official seal at the City of Miami, County of Dade, Florida, this day of , 197 Notary Public State of Florida at Large My Commission expires: (Notarial Seal) Page Six '- -,. ..,& ~, : " , , :. , .' LEGAL DESCRIPTION ... PARCEL A (P.U.D.) Portions of the East 3/4 of the Northeast 1/4 and the North 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4, all in Section 31, Township 45 South, Range 43 East, Palm Beach COW1ty, Florida, being more particularly described as follo\ 1 COW-1.1ence at the East 1/4 corner of said Sectio:l 31, thence run North 0 degrees 01 minutes 07 seconds East, along the,Eas~ line of said Section 31 for 1340.00 feet; thence rWl North 89.-d~grees 58 minutes 53 seconds West at right angles to the last described course for 60.00 feet to the Point of Beginning of the following described parcel of land; thence continue North 89 degrees 58 minutes 53 seconds West for 574.9( feet; thence North 0 degrees 01 minutes 07 seconds East for 488.84 feet; thence North 38 degrees 06 minutes 33 seconds East for 251.16 feet; thence NorDI 0 degrees Ol minutes 07 seconds East for 590.00 feet; thence South 89 degrees 18 Dinutes 10 sccond~ West, parallel with and 40 feet South of the North line of the Northeast 1/4 of said Section 31 for 2188.51 feet; thence South 0 degrees 26 minutes 10 seconds West, along the West line of, the Northeast 1/4 of said Section 31 for 294.56 feet; thence North 89 degrees 15 minutes 57 seconds East, along South line of the North 1/8 of the North- east 1/4 of said Section 31 for 667.67 feet; thence South 0 degrees 19 minutes 56 seconds West, along the West line of the East 3/4 of the Northeast 1/4 of said Sectio; 31 for 2298.83 feet; thence North 89 degrees 00 minutes 43 seconds East, parallel witt and 40 feet North of the South line of the Northeast 1/4 of said Section 31 for 1931." feet tp the Point of Curvature of a circular curve to the left; thence rW1 Easterly, Northeasterly and Northerly along said curve having a radius of 25.00 feet and a cent! angle'of 88 degrees' 59 minutes 36 seconds for an arc distance of 38.83 feet to a poin! of Tangency; thence run North 0 degrees 01 minutes 07 seconds East, parallel with and 60.00 feet West of the East line of said Section 31 for 1276.44 feet to the Point of Beginning, containing 105.83 acres, more or less. ~ ;~ ," -'l'i ! '~ 1 . '~ I .~~ .' ! : '1, .,,', ' ~ ;~ ~'\.j 1,j ~. ~'1 ~ j )" 'j I ~j 111 i , I .! j. I Lo.1 - r= FROM .sUBJECT: FOLD. CitJ C:l(:~}:] 1, 'i "'1"';.> ," " '.,) ,.' '...4,..... \...'.:..l.. C., ' oS r-"; T'lt ;-: ';7_1"~~tl ~'t}l.' !/ J :) -~, , . , -;~t : .' r":-: C).;:" ~L':~': "J:-'. "';0 ic ') h,._ c~rJ.c-' . RETURN TO ~ -\ : REPLY DATE: ~-;~(~ CC.; ~} c.~: ;,(;'c;t I,.. //' ':'i.;C"{_:. .... t~'~l::~ \, _.:. ~3;J}t: .'..L" ., ':.',' '.~f~,': : '~~1C\ I "-:(;~ ':':~:) TO (~.-l "Jo."', . <... " 1; L (: tl. .::: C:. ,Cine, ,l:r':~',i. rixsY:c;:t~ <I Z(:'7:'i '1..-'" ' 1 tl :-; ,,~ l.. .';; (:. r~:; .: .,-'\"'1'" .. SIGNED .i:~ ':.,)2, :~l\..~ ,,' SIGNED PERSO~J: j~L)Dr4 ~:S~S[ [) l~,'r i", :, - '" c~.,. '1"( .rc~'~\ L i L ::_,~ 1 '~.~j, ~" i +; j ,-':, . :,n ~:' :,.:" ,.' ~, " ::1. ; " .',- ':~~' J;;. ~ (.; .L C~ ,~ " -<.IOC;:_~~.:_:t:Ll " ) / , \:!:f _" _/_./... F../ T' l-;"l.j'~r; C~1~ DATE' .<.:(.~t..,,:,;,'1' -"",,' ".,;"'. IF 1 ~.': ~L X'C' ....:.~ 1"1 ~':.' -",:: \'7(', ___ {~_, ,:-':. <: r (} :.,. (~: ::."; ~I ~:~; t :J i. t,::~ 'l:L~ . ~ ",' ':t~'\( a ;';',~ t >1 t, ::' c' (I \.i '.~:" :~; t. L: ;~()t.l .. ~.!to':) -I 2"l't:;..;. '" i (\ 'l~(; ~~)() .':.) :Je1 f] t Ci~".r:'" - ~)l" i:i,~,; " n:n COP" TO samO:-:f: GRAVARC CO., INC., BROOKLYN, N. V. 11232 /" FROM SUBJECT: FOLD. RETURN TO REPLY DATE: ~ SIGNED SIGNED PERSC>N I TO i"~}:_TIJnt,~ '~' ;-rs (;CJPY" TO ~~~E;IJi;,~f~i ~t.? 7, D \91'0 GRAYARC co.. INC,. BROOKLYN. N. Y. 11232 September 14th, 1978 To: Technical Review Board Perry Cessna, Utility Director Tom Clark, City Engineer Bud Howell, Building Official Bob Farrell, Police Department Fred Patrick, General Services Al Nyquist, Fire Marshal Charles Frederick, Recreation Director Subject: Proposed KirsnerjCogen PUD Date: September 22nd, 1978 at 10:00 A.M. There will be a meeting of the Technical Review Board to discuss the KirsnerjCogen proposed PUD on Friday, September 22nd, 1978 at 10:00 A.M. Please attend or send a designated representative. Thank you, , ~S.tZ- ~~ CARMEN S. ANNUNZIAT , City Planner CSA:pf NOTICE OF PUBLIC HEARINGS OF THE PLANNING AND ZONING BOARD AND CI TY COliNCI L OF THE CITY OF BOYNTON BEACH The enclosed legal ad is furnished you in accordance with Section 9C3 of Appendix A - Zoning Regulations of the Boynton Beach Code of Ordinances. You may attend the meetings personally, by attorney or agent, or you may file a written statement prior to subject hearings. If further information is desired, please call 732-8111, Extensions 231 or 267. TEREESA PAIx;ETT, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA OCTOBER 6, 1978 LEGAL DESCRIPTIONS PARCEL A (P.U.D.) Portions of the East 3/4 of the Northeast 1/4 and the North 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northeast 1/4, all in Section 31, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the East 1/4 corner of said Section 31, thence run North 0 degrees 01 minutes 07 seconds East, along the East line of said Section 31 for 1340.00 feet; thence run North 89 degrees 58 minutes 53 seconds West at right angles to the last described course for 60.00 feet to the Point of Beginning of the following described parcel of land; thence continue North 89 degrees 58 minutes 53 seconds West for 574.90 feet; thence North 0 degrees 01 minutes 07 seconds East for 488.84 feet; thence North 38 deyrees 06 minutes 33 seconds East for 251.16 feet; thence North 0 degrees 01 minutes 07 seconds East for 590.00 feet; thence South 89 degrees 18 minutes 10 seconds West, paraL,~l wit. and 40 feet South of the North line of the Northeast 1/4 of said Se '_loon 31 for 21H8.51 feet; thence South 0 degrees 26 minutes 10 seconds West, along the West line ,f thl Nort;least 1/4:Jf sa1.d Section 31 for 294.56 feet; thence North 89 d. ;rees 1.5 mi' Jtes 5~' seconds East, :110ng South line of the North 1/8 of the North- ed. t. ../4 (; saic 'ection 31 for b67.;. 7 feet; thence South 0 degrees 19 minutes 56 se Jnd~ ~e~t, .long Lhe West line of ~he East 3/4 of the Northeast 1/4 of said Section n for ..:98.8:0 ~eet; th.,ce :Jortf. 19 degrees 00 minutes 43 seconds East, parallel with clnd 40 fee' Jorth )f tL. Soutl. 11.ne of the :.ortheast 1/4 of said Section 31 for 1931.16 fe, to t Poin'f Curva- urE: of a cirr- lIar curve to the left; thence run Easterly, No: ileaster 1'.' llC :Jorther]: along sa j ,; curve naving a r,'ldius of 25.00 feet and a central angle '8f . .rees 59 ".inutes 36 ;econds for an arc distance of 38.83 feet to a point of Ta Jency thenc, ru~ ~orth degrees 01 minutes 07 seconds East, parallel with and F. 00 f. t West of ':one East linL of sai:: Section 31 for 1276.44 feet to the Point of oeginn .';), cO'din1.ng 105. j 3 acres, more or less. ~~- :1MLRCIAL) A Po! Lon of the Northeast 1/4 of the Northeast 1/4 of Section 31, Township 45 South, Rl :lge 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence dt the East 1/4 corner of said Section 31; thence run North 0 degrees 01 ml.nutcs 07 seconds East, along the East line of said Section 31 for 1340.00 feet; tnence run North 89 degrees 58 minutes 53 seconds West at right angles to the last described course for 60.00 feet to the Point of Beginning of the following described parcel of landi thence continue North 89 degrees 58 minutes 53 seconds West for 574.90 feet; thence North 0 degrees 01 minutes 07 seconds East for 488.84 feet; thence North 38 degrees 06 minutes 33 seconds East for 251.16 feet; thence North 0 degrees 01 minutes 07 seconds East for 590.00 feet; thence run North 89 degrees 18 minutes 10 seconds East, parallel with and 40.00 feet South of the North line of the Northeast 1/4 of said Section 31 for 420.00 feet; thence run South 0 degrees 01 minutes 07 seconds West, parallel with and 60.00 feet West of the East line of said Section 31 for 1281.76 feet to the Point of Beginning, containing 14.42 acres, more or less. ORDER NO. 131179 April 18, 1978 -Prepared by- SCHWEBKE-SHISKIN & ASSOCIATES, INC. Land Surveyors - Engineers - Land Planners Miami, Florida "",~,<~.., ,>~,-~~,,:~..._, '.~' '''')'~,',',''i,fs.''~'' ,,,,.,',,,"~"';-'-'"-''' '!t.,. ....'~~.,~"'" .. .~" i.'<t::o:lo';'l'~_''':"'li.'-'',; .-""""",~;;"-""W'.',':;t""'~';."',f_ ;:"~'~'>:~;'~:~'~~-~;P""l1"'::'V~.t"~').<''::''~'''__.Ql;..~,ol.'{';';::~'.," I ~ o " . I : 400 \: -! ~- '" \'-..... ,~ ~ ~' ~ ~ ~ ~ ,'-1..1 '~ -f'.. ,~ ,\1\ , III ~ "- I "~ "6\ l;) Q.) I .,11\ ..... '~"4.~ -<. " :;, 002<;/0 W N '/4 Co!") 3~4,S7 5eC3/4G4-3 ~ '- \9' N~ . l)\ -J ~ i-t'I "!U\C\l ~ . ~ q) I " ~ I /1 h N i;~ I ~ "- ~I ~ -...J 1<\ ,,\... \) ',', t \. i ~ ~ U\ ~ <I I\' Q ~~f ~ ~ II. ',,, \) ~ "I '-l ,\" ~ ~~ 't;!.~ ~ A. ~ At '" ~t '" t \l l.. ~ ..... .', \) ~ ~ ~ ~ \,. () ~ \ ("'--:;'1 /\ .(I I f1.817rD' 'Q,/ 1,201 COMMERCIAL 1'(\ ,~r ~ Parcel e I\l 0 , ...-~ - - - ,~! i I 14,4.'Zt4c, Gra'<' , . -~ ~ ~, I _ I . It;. t4 c ,Prop, R/w Woo/bnqht ! ~ ~ \1, I ~. 'Z a. I. .4 c III e t ' <t '~ ~ I, /II 0" 01' 07 "E "U.3C>"~----__ :;;- ~ 66)0' ,--... 0(; , ~ ; j" " .c:>> oS 3.3 I ":.2 1;.1'*_ ~ 4.88,84.' I I ' ...... -,fII O'JOI'07"E""" '2J I ) I I - /' '::-- I ?>4.0 00 ,'27G 4-4-' tt 1/4 I.:o/"' see 3/'4543 J ~o - -,,- . \ j,~:o~~3':~.' \"" A 38,B?i .., \~ '- ~ 11\1 ),/EcorGec 3/.4S-4?7 \ ':1 C 0 1.'/ C i(, E 5 .:-' /~ V E ;\1 ....../ E <:;) '9 ? 00 01 07 W Z~GZ5/ (;0 0 .;.'~- -P,O,(3, .t ,. ~ ~ ---........ lv--//----~ / / / " ~ - ......'1 ( '~) I I .. /E)(/51 5nc.ve L//7t? i ,-- ( I~ ~ (J \J ~ 'J <t' ,~- r" I v , ~~. ~ ~" ' ,~ ~, 4. ,,- ;,:": . :: 'i Propo.5c\ : .........\ -:.;170rL ,JO(""// \ 1 I 1 l' ~. <. <u - ^ ...J t<' r', \j &,1 "-l - -:..\ CJ -F '" " \) \' L 1 - ~ ;\ t:' 1.3 "- <<\ \J ~ P.U,O, Part.,1 t.1 (O~.8'?Jt Ac. Gron - 7-0 t tic, ProporttJI R/vJ wo%ntinl . 3?J) t.4 <: ,PrJposed Lat e ~~,8 f 4 c. Nat Rd w.--sr L..lne ~asr % i</E~4 se<::'~/ S 0 a ; ey 5 c,' W 2 338 84 ?2~8'83' , I I 6\ ~, \ '16 west L/r7e ,Vc;4 see 3/ ~ PrJP'J<;..o c;hardi,'1C and ;J UD i.'rnlt~' bOHd -:Jr1 '1 LaMi Dlan prepared tJy lA./altu Taft fn(Jd"nauJ <i (.J;roc;, ,ided 8/5/78 'lJ4II'!!iIM ~,'", "';'II','-;;;<~~:'I:',>./'-~~~' ',"~' ') ~ . r:-,:.. -".,:-;; -~~.;:~X_ " 4- .... ~"~ l'",:> " .. ~ ~. ;;--~~ "':"~~=~""-- .,. Rezone from Agricultural to C-3 > .. i ::_:__=.":'~:' - ,~-- H '7: \.I t.::2_.=!;;, ~ ~ " . , h '1"":;';'_~-:i,~ 1; ~c.~""'~ Faber & Kirsner Rezone from Agricultural to PUD T =~,--,~..- ~";.-,:-- ~' -- ---'------.--t ------ . t' - ------,.---------:----.,-~-- ...,._-~-. -.. J --:--- --....--, --."'--- --.-~ --- - -~~ ------- --" -..---- --, -'- ----- - ~ " ___-1 _ _-)1 "~::- --,-, ...,'...- l~ : -'...'''--~ :~:.~ >'~',~-~:.:=~=, '7 , ,- .. >"'. ',' - ',- ., ~ " ,fr'<;"::. "1.:"... ~ 'y, '.~ " '===--~ C~' L. -_._..;..-~:., ---:.,.' ~ "i'-~ ~------'~----,- -' ~Y" ~ .... -I{ '~~ ,...... "\', . - . , /'\'J .~... .- ! ; ~-.---;;- ,~" )i =~,,~ -~~.: ' '..:.~'~\-. '."'~;.~.~,,~/' . - -----..,,, , /~~ ../.. ,~. ;)..~" "...sf \." ' . i' ~" f-." ~,' "e:' ."~_.,.' ~ [ ~ j; -"1.: -; -1~ ~~ . -- ---..-~ I.. . ""-- ~~'." v... ......~ ~ J ,r- . \-., '. :' ,~ ~.,> t.~.. ._~: - ~,'" .t ~-'.' /,' ~'..~"1' ~-::.:.;~"i ::, '- ;/ :l/~': . -'f.", 1,', .~----===-------~ ,. ... ..,._ t: I:'.; _~' ::/.'.=: 1',::;: ~..~ _:~~ -~: --=l':=.......::::=:=-~=, ... ,Co: .:...~h, _ ~ ,./""I. __ _ ___I~ I>-:< ~_~ _ ,__ ~::::--~ _ .... .:::. -.' ~' Road ::::, -----,- '- .... '''----------------~---'. - .::...!..~-- ----------/ .___~ or ~_ _,_" ..."..... :: 1" -=;... J, A~ 4.~' .....: '. .., '\ ..\ .--!:- ..J : I I I I , I I , i 0..... -~~',~ ..,.,. --- .. -- "- - --,..-". .I .~ I 1 i UPDATE OF TRAFFIC IMPACT ANALYSIS QUAIL LAKE WEST CITY OF BOYNTON BEACH, FLORIDA FEBRUARY 1981 PREP ARED BY: SHALLOWAY, INC. CONSULTING ENGINEERS LAKE WORTH, FLORIDA / J TABLE OF CONTENTS Table of Contents and List of Drawings Introduction Existing & Proposed Road Network Traffic Impact Data Roadway & Intersection Requirements LIST OF DRAWINGS Location Map Traffic Distribution Traffic Volumes i __---1....-____,._. PAGE - i 1 3 5 8 Drawings 1 2 3 INTRODUCTION . Quail Lake West is located in Section 31. Township 45 South, Range 43 East, Palm Beach County, Florida. The major approach routes for the develop- ment are Congress Avenue and Military Trail, north-south arterial roadways to the east and west of the project. respectively, Golf Road, an east-west col- ,: lector road, connects to the two previously mentioned arterial roads. Wool- bright Road presently dead ends just west of Congress Ave. but will be extended to the entrance of Quail Lake West as a part of this project. Ultimately Wool- bright Road will be extended to Military Trail (see Drawing No.1 for Location Map) . The property. at present, is und~veloped. It is bordered on the west by Quail Ridge, a PUD subdivision of approximately 900 units. To the east of this subdivision is a 16.7 ~ Acre commercial tract which presently has only a bank existing on the tract. The proposed development is 90 i acres and is composed of 81 villas and 234 garden apartments, some of which will front on Congress Ave. No portion of this development will be used as a commercial area. It is estimated that the development will be completed by 1983. In order to assess the total impact this project will have on the area, this analysis will be based on the assumption that the project is one hundred percent completed and occupied. Adequate internal roadway systems will be provided to ensure access within the development and to the adjacent highway system. '~ ->,'"'-..,'..~>-':;;"~--..,,,.',~---~......:..'..._.~~----~-_.- -2- ~ This report is an update of the traffic study done for this development in 1918 by Joe Rice. P.E. of Miami. The development size has been reduced from 638 units to 315 units ehich will lessen the impact on the roadways which will serve this development. The 110,000 Ft.2 retail shopping center mentioned in the original report is no longer a part of this development. The traffic information (including traffic counts for Congress Ave., Wool- bright Road, and Golf Road) used in the study is the most recent information available from the Area Planning Board. The intersection studies used are the most recent counts done by the Palm Beach County Traffic Division for these two intersections: (1) Woolbright Road and Congress Ave., on July 30, 1980. (2) Golf Road and Congress Ave., on Oct. 23, 1980. -3- EXISTING AND PROPOSED ROAD NETWORK Congress Avenue is the major north-south arterial highway servingthe~pre- ject from the east at present, this highway is a two-lane facility both to the north and to the south (to Lantana Rd. and Yamato Rd., respectively). Signalized intersection along Congress from Lantana Rd. to Yamato Rd., .. occur at Lantana Rd., Lake Ida Rd., W. Atlantic Blvd., Lowson Rd., Linton Blvd., and Yamato Rd. The highway presently carries approximately 11,200 vehicles per day along Congress Avenue at Woolbright Rd. Woolbright Rd., is the east-west collector highway that is adjacent to the development on the north. The portion of this roadway that is built is a four- laned facility (just west of Congress Ave. to U.S. No.1). The major signalized intersection along this highway are Congress Ave., 1-95, Seacrest Blvd., & UrS. No.1. Between Congress Ave. & 1-95 there are approximately 11,100 Vehicles per day. Military Trail is an arterial highway to the west of the development. This highway is a 2-laned facility from Lake Worth Rd. to south of Yamato Rd. in Boca Raton. In the section near Golf Road the average daily traffic is approximately 11,700 vehicles per day. Signalized intersection occur at Lantana Road., Hypoluxo Rd., NW 2nd Ave., Golf Rd., Via Delray, W. Atlantic Blvd., Linton Blvd., and Yamato Rd, ---'-"-- -4- Golf Road is a local collector road adjacent to the south of the develop- ment. This road is a 2-laned facility between Military Trail and Golf Rd. At present, this stretch of road carries approximately 5,000 vehicles per day. The County has a five year road program that consists of improvements to selected roadways. The long range transportation plan is the year 2000 trans- portion systems plan. The Urban Study area selects the projects and assigns the priorities. Included in this five year road program is planning and engineering of 4-laning Congress Ave. from Linton Blvd. to Lantana Rd. in the fiscal year 1980-1981. Also, included in the 1982-1983 fiscal year is the planning for 4-laning Military Trail. ~ _,c~~..---L-____, , -5- TRAFFIC IMPACT DATA 1) Trip Generation Analysis Based on existing data and the developers judgement of the market. it is assumed that this development will be a mixed community with the prevail- ing age group between 55 and 70. In estimating the number of trips per day generated by each dwelling unit within this development. the study titled "Update Study of Vehicular Traffic Generation Characteristics within Palm Beach County" was consulted. The average cost per dwelling unit will be approximately $120.000. Using 1974 as the base year. the cost per dwelling unit would be approximately $80.000. Using this figure and going to the table in the study a generation of 10.5 trips per dwelling unit is antici- pated. As stated previously. producing approximately 3308 vehicle single directional trips per day. In order to determine the P.E. peak hour volumes the following assump- tions were made. Peak Hour Percentage P.M. Directional Split 10% ADT 60% IN 40% OUT -6- Using these factors, the following P.M. peak hour volumes will be generated by the development: P.M. Peak Hour Volumes INS OUTS 199 132 331 TOTALS DEVELOPMENT PEAK HOUR VOLUME II) TRIP DISTRIBUTION Using the information given in a report by the Area Planning Board and considering the existing and proposed developments in the area along with the nodes of attractivity and the available transportation network, it was esti- mated that the trips generated by this development would be distributed as shown on Drawing No. 2 and summarized as follows: EAST NORTH \-IE S T SOUTH EAST 25% 50% 10% 15% 100% of DEVELOPED TRAFFIC VOLUME The traffic was then assigned to the existing and proposed road net- works based on these' distribution factors. The existing traffic counts were obtained from a study done by the Area Planning Board entitled "1979 Traffic Counts" and the estimated year 2000 traffic count information was also obtain- ed from the Area Planning Board. _~~_____."...,'_.._______,_________~..,~_______.. ,. ___,~_"",____~__,.~_.._~.__m___'_.__~___~' ,",' -7- .. Drawing No. 3 shows the existing and proposed development traffic on the roadways outside the development limits. In comparing the existing traffic volumes to the proposed year 2000 traffic, it is seen that the existing volumes are considerably less than the year 2000 projected volumes. It would appear from this data the year 2000 projected volume take into account all projected development in the area. -8- ROADWAY AND INTERSECTION REQUIREMENTS The County has plans to four lane Congress Avenue in the future which would alleviate any problems on that road in the vicinity of this project as development in the area progresses. Both intersections along Congress serving this Project, Woolbright Road and Golf Road. are signalized. Capacities of the roadways in the area serving this development should have adequate capacity to handle the traffic generated by this project. The following recommendat- ions are made as a result of the impacts expected by this development: (1) Construct two lanes of Woolbright Rd. to the entrance of Quail Lake West from the existing four lane section just west of Congress Ave. A transition from four lanes to two lanes will have to be constructed to connect the two roadway sections. (2) ~onstruct adequate right and left turn lanes into the development on Golf Road. (3) Construct adequate left and right turn lanes on Congress Avenue for the residential area on Congress ~ve. if Congress is not four laned by the time the development is completed. It is felt that if these recommendations are followed the development of this project will not have an adverse impact on the roadways that will service this project.