LEGAL APPROVAL
%e City of
'Boynton $eacli
100 T-. 'Bognton 'Beadi 'Boufevartf
P.O. 'B~310
'Boynton 'Beadi, !Jforu/a 33425-0310
City 9lafl: (561) 375-6000
!J5tX: (561) 375-6090
April 21, 1997
Mike Morton
The Morton Group
902 Clint Moore Road, Suite 124
Boca Raton, Florida 33487
Re: Woolbright Place - File No. MPMD 96-005
Dear Mike Morton:
As the applicant for the above-referenced project, enclosed is your rectified copy of the master
plan approved by the City Commission on September 4, 1996. This is being sent to you for your
files as it has been rectified and staff comments have been addressed and accurately represents
the approved master plan for Woolbright Place PUD.
Sincerely,
/- ,}'/ .J~
d ~~~A(&&( ~;;2-~?~~,
Tambri J. Heyden, At6>
Planning and Zoning Director
APttlchment
TJH:bme
s:\projects\ wI brtplc\tmsappl
5bruricas gateway to tIU quf/stream
s~(
s~ tr'd
SKETCH & DESCRIPTION OF:
PHASE 3
BEING
A PORTION OF TRACT C. WOOLBRIGHT PLACE PLAT 1
ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 67. PAGES 47 THROUGH 49
OF THE PUBLIC RECORDS OF PAUl BEACH COUNTY. FLORIDA.
....-",....., UJ.....J\.rn.U"" IIUN
A portion of Tract C, WOOLBRIGHT PLACE PLAT 1, according to the plot thereof as recorded in Plot Book 67,
Pages 47 through 49 of the Public Records of Palm Beach County, Florida, more particularly described as
follows:
BEGIN at the Northwest corner of said Tract C; thence N88'26'U"E, along 0 North boundary of said Tract
C, 214.51 feet; thence S01'33'09"E, , 20.00 feet; thence N88'26'13"E, 50.00 feet; thence S01'33'09"E,
170.00 feet; thence N88'26'13"E, 50.00 feet; thence S01'33'09"E, , 20.00 feet; thence N88'26'13"E,
830.75 feet, (the last seven (8) courses and distances being coincident with said North boundory); thence
SO, '34'16"E, 590.00 feet; thence S88'26'13"W, 85.00 feet; thence S48'11'50"W, 85.14 feet; thence
SOl'34'16"E, 95.00 feet; thence S88'26'U"W, 561.43 feet to the West boundary of said Tract C and the
East right-of-way line of S.W. 8th Street; thence N01'06'23"W, along said West boundary and East right-
of- way line, 178.85 feet to a point of curvature of a curve concave to the southwest; thence northwesterly,
along the arc of said curve, having 0 radius of 751.00 feet, 0 central angle of 18'22'20", an arc
distance of 240.81 feet; thence N63'07'32"W, 16.07 feet to a point on the arc of a non-tangent curve
concave to the southwest, (a radial line to said point bears N69'37'15"E), thence northwesterly, along
the arc of said curve, having a radius of 740.00 feet, a central angle of 10'14'44", an arc distance of
132.32 feet to the point of tangency; thence N30'37'29"W, 627.85 feet to a point of curvature of a curve
concave to the northeast; thence northwesterly, along the arc of said curve, having a radius of 410.00
feet, a central angle of 08'45'46", on arc distance of 62.70 feet to the POINT OF BEGINNING, (the last
six (6) courses and distances being coincident with said West boundary of Tract C and said East right-of-
way line of S. W. 8th Street).
TOGETHER WITH:
BEGIN at the Northeast corner of said Tract C; thence SO, '34'16"E, along the East boundary of said Tract
C, 1043.48 feet; thence S88'26" 3"W, 150.00 feet; thence N01'34'16"W, along a West boundary of said
Tract C and along a radial line, 735.00 feet to a point of curvature of 0 curve concave to the north;
thence easterly, along the arc of said curve, having a radius of 365.36 feet, 0 central angle of
07'51'57", on arc distance of 50.16 feet; thence N01'34"6"W, 161.55 feet; thence S88'26'13"W, 50.00
feet; thence N01'34'16"W, 110.00 feet along a radial line to a point of curvature of a curve concave to
the north, (the lost five (5) courses and distances being coincident with said West boundary); thence
northeasterly, along a North boundary and along the arc of said curve, having 0 radius of 352.92 feet. 0
central angle af 25'09'08", an arc distance 154.93 feet to the POINT OF BEGINNING.
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida and containing 756,808 square
feet. 17.37 acres, more or less.
NOTES:
1. Reproductions of this Sketch are not valid unless sealed with an embossed Surveyor's seal.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there ore Deeds,
Easements, or other instruments (recorded or unrecorded) which moy affect the subject property. No
search of the Public Records has been mode by the Surveyor.
3. The land description shown hereon was prepared by the Surveyor.
4. Bearings shown hereon are based on the plat with 0 North boundary of Tract C, having 0 bearing of
N88'26'13"E.
5. Data shown hereon was compiled from instrument(s) of record and does not constitute 0 boundary survey.
6. Abbreviation Legend: P.B.= Plot Book; R/W= right-of-way; P,O.B.= Point of Beginning; BDY,= Boundary;
(R)= Radial.
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and
correct to the best of my knowledge and belief as prepared under my direction on May 17, 1995. I FURTHER
CERTIFY that this Sketch and Description meets the M~~~ff Technical Standards set forth in Chapter 61G17,
"o,;do Adm;n;s',oUve Code, pu,"uon' '0 SecUon 472.~J~~~L~~____~________
G MICHAEL D. AVlROM, P,L.S. REV/SED 5/17/95
_ AVUROM/HAU it ASSOCIATIES, ~NC. ~1~r~~~~~t~t~io;s;3c.,31~g JOB # 4804-7
50 S.W. 2nd! A V~IN!UIE, SUITE 102 L.B. NO. 3300 DA TE; JUL Y 7, 1994
180CA IRA lOIN!, IFlOIRDDA 33~32 SHEET 1 OF 2
(407) 392-259~
~=25'09'08"
R=352.92'
L=154.93'
N 01'34'16" W
A PORTION OF TRACT C. WOOLBRIGHT PLACE PLAT 1 (R) 110.00'
ACCORDING TO TH~ PLAT THEREOF AS RECORDED IN PLAT BOOK 67, PAGES 47 THROUGH 49 S 88'26'13" W
OF THE PUBLIC RECORDS OF PAUl BEAOf COUNTY, FLORIDA. 50.00'
N 01'34'16" W
161.55'
~=07"51'57"
R=365.36'
L=50.16'
669,412 SO. Fr., 15.37 ACR~S
REMAINING PORTION OF
TRACT C
,z WOOLBRIGHT PLACE PLA T 1
5" 51' (P.S. 67, PGS. 47-49)
~~;~;~\12~' ~ S B2'3,.;~:_~_~!'.o~~'=t- SOUTH BOY. OF TRA~T C
L=160..32 ~-- S SS'26"3" W J- _ ~.O!!..- ~
40.1S' - - (TRACT A) ct MORTON'S WAY i
N 49'.3,'1S" W _ _ _-
e A \+'DRO~/IHIAILIL &It ASSOCDA 1I'1ES, ~NC.
60 S.W, 2nd AVENUE, SUITE 102
BOCA RATON, fLORIDA 33~32
(~On 392-259~
P.D.B. PHASE J
N.W. CORNER OF
TRACT C
R=410.00'
=08'45'46"
L=62.70'
SKETCH OF DESCRIPTION OF:
PHASE 3
BEING
NORTH BDY. TRACT C
LAKE BOYNTON ESTATES PLAT 2
ixl
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SCALE: 1"=300'
(P.S. 14, PG. 17)
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WEST BDY. OF TRACT C ~
120.0.0'
01'3309" E
50.00'
88'26'13" E
170.00'
01'33'09" E
50.00'
88'26'13" E
\\-t,;~~,
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\ .. PHASE 3
R=740.00' ~ ~I;l 611,859 So. FT.,
~=10'14'44" \; {.
L=132.32' 9.~1';?--
~-\i~O\p..\..~
1607' \/
N 63'0732" W............,
.
10
~
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a
z
120.00'
S 01'33'09" E
N 88'26'13" E
NORTH BOY. OF TRACT C
S 88'26'13" W
150.00'
830.75'
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~=18'22'20"
L=240.81'
14,04 ACRES .
- 10
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0"
,~
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85.00'
S 88'26'13"
85.14'
S 4811'50" W
95.00'
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PHASE 2
805,811 SO. Fr., 18.50 ACRES
U 10;
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561.43'
S 88'26'13" W
REMAINING PORTION OF
TRACT C
WOOLBRIGHT PLACE PLA T 1
(P.S. 67, PGS. 47-49)
40.00'
501'33'47" E ~~26'1.3" W
740YO'~
--
_ 444.57' \
b
~I
WE"ST BOY. TRACT C
'" EAST R/W LINE
~ P--S BS'26"3'~
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REVISED 5/17/95
JOB # 4804-7
DA TE: JUL Y 7. 1994
SHEET 2 OF 2
PHASE 1
~AST BOY. --....1
OF TRACT C l
-
AlicT' ?J t:.!' Ir/~ ). 12::' f'. I fJ' ,./
/111!1 V 7(, "{Jc> ,.;- G' O~B 66 Co"7 P 3
dN.~:;)e"',;i;,&r..... ('hf.A.C,*,1.H~Vl' '3ID~\)
GRANT OF -LICENSE BY CITY OF BOYNTON BEACH,
A FLORIDA MUNICIPAL CORPORATION TO
TRADEWINDS DEVELOPMENT CORPORATION,
A FLORIDA CORPORATION
vt\..- i i -1 ~.U
(,1' : ~"':dii)
~.U-=5.221 CJ
lu3
THIS GRANT of License executed and del i vered this J 7 day
of /I/~V'€hlA3€'~ , 1990, by the City of Boynton Beach, a
Florida municipal corporation, located in Palm Beach County,
Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT.
CORPORATION, \ a Florida corporation (hereinafter the LICENSEE),
i
WHEREAS, LICENSOR owns. a parcel of real property which is
more particularly described on Exhibit A attached hereto; and
WHEREAS, LICENSEE owns a parcel of real property which is
simple more particularly described on Exhibit B attached hereto.
NOW, THEREFORE, in consideration of tae sum of Ten ($10,00)
Dollars and other good and valuable consideration, the receipt
and sufficiency. of which is hereby acknowledged by LICENSOR,
LICENSOR has granted, bargained, conveyed, and sold to LICENSEE
its grantees, heirs, successors, assignees, and nominees forever,
a perpetual non-exclusive license to use the real property
described on Exhibit "A" for the following uses,
I, The installation 'and maintenance of
buffer and improvements on _ LICENSOR I S Property
Exhibit "A" hereto,
the landscaped
as described in
2, LICENSEE at its own expense shall maintain the license,
the improvements, and the property upon which the license is
located in a good state of repair,
3, LICENSEE shall indemnify and save harmless and defend
LICENSOR, its agents, servants, . and employees from and against
any claim, demand or cause of action of whatsoever kind or nature
arising out of error, omission or -negl igent act of TRADEWINDS,
its agents, servants or employees in connection with or related
to its use under this Agreement of the real property described on
Exhibit A
4, LICENSEE further agrees to indemnify, save harmless and
defend LICENSOR, its agents, servants, and employees from and
against any claim, demand or cause of action of whatsoever kind
or nature arising out of any conduct or misconduct of LICENSEE
not included in paragraph three above and for which LICENSOR, its
agents, servants or employees are or are alleged to be liable,
5, Neither LICENSOR nor any agent, servant or employee of
LICENSOR shall be liable to LICENSEE for any loss, injury or
Page 1 of 2
/ &f) f'
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~
damage to
property,
loss,
LICENSEE or- to any
irrespective of the
other person or to its or their
cause of such inj ury, damage or
6, This License
terminated without the
LICENSEE, and executed
dignity to this License,
may not be modified,
prior written approval of
with the same formality
amended, or
LICENSOR and
and of equal
7, The grant of the license shall be binding on and inure
to the benefit of the parties hereto, their grantees, heirs,
successors, assignees and nominees,
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above,
Signed, sealed, and delivered
in the presence of:
.'
CITY OF BOYNTON BEACH:
a Municipal ccrpOl;.ation
: ':
, ~. ., 'j .
I I' I I (J'. . .I /.
/ ..... L. Ii' ( \1 ,', I ( ( /, i '.".
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BY: 1 1-'? .'.~. . \;. -~ _-;-or'
.
Its: Mayql" "'f. .'
. -- ;i; , ',1,' f'
'(it", ~.'-' t. ,',
,.;,' ".Il::);<'::' -, A\pprov~c1.;as
to T'~orm
STATE OF ~:zlA
COUNTY OF ~~/ Ldc-A<!:#
,~/
The foregoing instrument was acknowledged before me this
~ 7 day of /lhv&/n'L3c~ , 1990, by ~III'E /)/.cc:?.I"<~
, the /1/-4y.a",<? of the City of
Boynton Beach, a Florida municipal corporation, on behalf of said
corporation,
, .. l: .'
~~'-~~A~ .
Not ry Publ ic '
My commission expires:
. .:-.-
)"" ~.. '. '
,
,
,
A:,: TRADE, DOC
Page 2 of 2
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LEGAL DE~CRIPTION S.W. 8TH STREET RIG8T-OF-WAY
CESCRIP'l'!ON:
A portion of "S.W. 8~h strQQt" as shown on the Plats of
"":'BI'RD SEC'I'ION PALM BBACa LEISUP.EV:I:LLE" r as rece;rded in Plat Book
28 at pages 243 end 244 and ltSECOND SECTION FALM 3EACH
LEISOREVILLE", ~s recorded in plat Book 28 at pa.qes 220 and 221
ot the FUblic Records of Palm Beach County, Florida and more par~
ticularl~ described as follows:
BEGINNING at the Southeast cOJ:ner of Lot 4:, aLOCK 23 of ~aid
"TEIR::J SECTI:JN E'ALM BEaCH LEISUREVILLE"; t.hence N. sa 26' 51" E.
along the South line ot "5. "I. 8th Street." as shown on said plat,
a distance of 60.00 feet to the ::ast rigr..t of "WaY line of "s.w.
8th street"~ thence N 01 33' 09" E, a dis~ance of 1528.44 feet
alonf said East right of way l1ne to a point on ~ curve; then
northwesterly along the arc of a circ'.r.lar c~rYe to the right
whose radius point bea:s N 65 08' 03" E., baving a radius of
490.00 feet r a central angle or '1 43' 05", and arc d:i.stance
198.21 feet to a point of intersection with the west righ~ of way
line of said "S.W. 8th street"; thence S 0:
33' 09" E. along the West right of yay line a distance ot 1683.92
fQet to the POINT OF BEGI~NG.
Said lands situate :..n the city of Boynton Beach, Palm Beach
County, Florida.
.
1.
.:.-' b'l ('.
...... . I
.......
03/18/98 KON U; U, r.~ 1 407 241 OUu
MOa-1Ut. GklllJP
Ij
..
West-. In all other respects, the
sign sh411 be constructed in
accordance with the applicable
Building Code. Approval of this sign
is conditioned on the construction
and operation of the Cracker Sarrel
store and restaurant in the
Woolbright Place PCD/PUC. In the
event the Cracker Barrel
SUbsequently ceases operations, the
sign and Sign structure shall be
removed with a periOd of 90 days
following the discontinuance of that
business.
B~ Paragraph lS'of the Settlement Agreement shall be
amendea as follows:
COMMISSION APPROVAL: This Agreement
shall have no force and effect until
approved by a majority of the City
COmmission.
TH~ CITY OF BOYNToN BEACH
By:
A'rl'BS'1':
(City Seal)
Trustee of
Joint Venture
JAC/lmh
900304
ADDENDUM. 1
" \. ,
/~ t'pdl
RESOLUTION NO, HP6-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AN ADDENDUM TO THE SETTLEMENT'
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach entered into a Settlement
Joint Venture; and
Agreement with Howard Scharlin, Trustee for Woolb~ight Place, a
WHEREAS, an additional issue regarding signage for the Cracker
Barrel store and restaurant is outstanding and subject to
reflected in the Settlement Agreement; and
resolution within the context of the comprehensive settlement
WHEREAS, the City Administration and representatives of Heware,
Scharlin, Trustee, and the Cracker Barrel have met and reached a
tentative resolution of the sign issue which requires Commission
~pproval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The Mayor and City Clerk are hereby authorized
to execute on behalf of the City, an Addendum to the Settlement
hereto as Exhibit "A".
and the City of Boynton Beach. A copy of the Addendum is attached
Aqreement hfiretofoJ:"e ant~u:'.d into betw.en Howard Soharl in, Trustee,
JAC/lntt
2/2196
900182,88
TUDEIJND.ADD
Page 1 of 2
. ~ I
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,
Section 2, This Resolution shall become effective immediately
upon its passage and adoption,
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS ~ DAY OF r;;A8~<<AA2.V, 1996,
CITY OF BOYNTON BEACH, FLORIDA
BY: ~JI~
Mayor
o'r". '". \.l.r-o (~'
Vice Mayor
~/.~/
Con#iss[oner "
r
Ji'-,,~~
Commission
-~,~~-:....-:..~ '.-'
--1
--~
Commissioner
ATTEST:
'~ ~
,~ ~~~J
iCI CLERK
Ii
11
,I HEREBY CERTIFY that I have
!approved the form of this RESOLUTION
, !
I
II - l '
:, , : ,'r(,_~~j'l~/;';(I.t;{ (.. _
-,JAMES A. Cfrl:ROF
CITY ATTORNEY
JAC/ll!tI
2/2/96
900182.88
TRAOE\JNO.AOO
Page 2 of 2
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CERTIFICATION
I, Suzanne M, Kruse, City Clerk of the City of Boynt~n Beach, Florida, do hereby certify
,
that attached Resolution #R96-112, consisting of one (1) page; a map consisting of,one
(1) page and Exhibit "A" two (2) pages is a true and correct copy as it appears in the
records of the City of Boynton Beach, Florida,
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 13th of August, 1996,
'ti~~~, -
City Clerk
August 13, 1996
\ mas
5: \ee: \ wp \eertifyj
JttMriaJ's (jauway to tfu (julfstruzm
/ .--'
/06
RESOLUTION NO. R96-//pf
w
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PlANN:i!;- ~_I'_-
zo..m:Sl~:.
I
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ABANDONMENT OF A 3D' RIGHT -OF-
WAY ON PURPLE HEART WAY PURSUANT TO
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF BOYNTON BEACH AND HOWARD
SCHARlIN, TRUSTEE FOR WOOLBRIGHT PLACE,
JOINT VENTURE BY RESOLUTION R95-65; AND
PROVIDING AN EFFECTIVE DATE.
i
I
I. WHEREAS, by Resolution No. R95-65, the City of Boynton Beach entered into
I a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, Joint
I Venture, (SCHARlIN) which Agreement provided for the abandonment of the
i southernmost 30' at the industrial road right-at-way by the City to SCHARLlN;
'I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Right-of-Way Abandonment for the southerly 3D' of the right-ot-way, located
on Purple He~rt Way, more particularly described in Exhibit "A", attached hereto and
made a part hereof.
Section 2. This Resolution shall become effedive immediately upon passage.
PASSED AND ADOPTED this 6 day of August, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Ma~04~ ~
". ~-L"
~
Commissioner
~.~~
Commissioner ~
F/2~
CO issioner
ATTEST:
i ~~~~aL-
I Cit Clerk
I Authslg.'e.
I I abandomentllROW
II Schartin-8111ge
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9397 29 11 98
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Thi. in.trument wa. prepared by.
Boward R. Scharlin, E.q,
Scharlin, Lanzetta, Cohen, Cobb , Ebin
1399 SeW, Fir.t Avenue, '400
Miami, n. 33130
'.i~b
9397 ?s 11 9<7'
RIGHT-OF-WAY ABANDONMENT
THIS INSTRUMENT, vacating a portion of right-of-way given by
the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"CITY"), on this
/..g
day of /?'Ut!!IH..:5r, 1996 at Boynton Beach,
Florida saying thereupon:
WHEREAS, the developers of Woolbright Place Plat No.1,
according to the Plat thereof, recorded in Plat Book 67, Page 47
through 49 of the Public Records of Palm Beach County, Florida
includes dedication of a road way identified on said Plat as Tract
"A" with the Street name of Morton's Way (the "SUbject Road Right-
of-Way); and
WHEREAS, by resolution duly enacted by the CITY at a properly
constituted meeting of the City Council, Resolution No. 95-65, the
CITY resolved to vacate the Southerly 30' of the Subject Road
Right-of-Way which is more specifically described as follows:
A portion of Tract "A" (also known as Morton's Way),
WOOLBRIGHT PLACE PLAT 1, according to the Plat thereof as
recorded in Plat book 67, Pages 47 through 49, of the
Public Records. of Palm Beach County, Florida, more
particularly described as follows:
COMMENCING at the Southeast corner of Tract "E", SHOPPES
OF WOOLBRIGHT P.C.D., according to the Plat thereof
recorded in Plat Book 65, Pages 137 and 13S, Public
Records of Palm. Beach County, Florida; thence
NOl"34'16"W, 571.91 feet to the Northeast corner of said
Tract liE", and the POINT OF BEGINNING, thence
SSS"26'13"W, along the North boundary of said Tract liE",
1125.37 feet to a point on the East boundary of Tract
"A", (also known as: S.W. Sth Street), SHOPPES OF
WOOLBRIGHT P.C.D,; thence S37"35'20"W, along said East
boundary, 46"53 feet to a point on the arc of a non-
tangent curve, concave to the Northeast, (radial line .co
said point bears S76" 44' 26"W) ; thence Northwesterly along
the arc of said curve, having a radius of 1438.26 feet,
a central angle of 01"13'04" arJan arc distance of 30.57
feet: thence N37" 35' 20"E, 46.53 feet to a point on a line
30.00 feet North of and parallel with the North boundary
of said Tract "E"; thence NSS"26'13"E, along said
parallel line, 1131.24 feet to a point on the East
boundary of said Tract "A ": thence SO 1 · 3 4 ' 16"E, along
said East boundary, 30.00 feet to the POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton
Beach, Palm Beach County, Florida.
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ORB ...'397 (9 1200
DOR0iHY H. wILKEN, CLE~I\ PB COUNTY J F'L..
NOW, THEREFORE, after due consideration by the City Council
with a quorum present, and in implementation of the said resolution
to vacate a portion of the Subj ect Road Right-of-way, the CITY
acting by its duly constituted officers does hereby vacate the
Southerly 30' of the Subject Road Right-of-way. In vacating the
Southerly 30' of the Subject Road Right-of-Way, that vacated
portion of the right-of-way, without further action by any party,
becomes the Northerly 30' of Tract E of the Shoppes of Woolbright
P.C.D., according to the Plat thereof, as recorded in Plat Book 65,
Pages 137 and 138, of the Public Records of Palm Beach County,
Florida.
IN WITNESS WHEREOF, this instrument is executed by the Mayor
of the city of Boynton Beach and the Mayor's signature is attested
by the City Clerk and the corporate seal of the CITY is affixed.
THE CITY OF BOYNTON BEACH
was ac
, 1996 I by
of The Ci ty
as the
or WAS Ra.:" proQuged
By:
APPROVED AS TO FORM:
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CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF PALM BEACH
me this
and
are
My Commission Expires:
~ Yh.P~~
N ary Public, State of Florida
n~Q. JA""EE~ M, PRA,'/V,'ro
Commission N rr
Ji",~:',,,;:,!,, JANET M. PRAiNITO - 1
I !",":f..t:-- I
I;." 'd' ',;; MY COMMISSION He 386147
1: ':~:::-/,'j ::';.; EXPIR~S: AU!I'lst'i.7, 1998 .
4, . ,;:~,,',~,;,' 6lioced Th~. \'e!yy P~bIlc U"der,'r.ll8~
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d ~') S.>~/>,.7;,A1... A 1 rAflf,1.I~'\Jt' '3 If.>~) ')
GRANT OF-LICENSE BY CITY OF BOYNTON BEACH,
A FLORIDA MUNICIPAL CORPORATION TO
TRADEWINDS DEVELOPMENT CORPORATION,
A FLORIDA CORPORATION
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THIS GRANT of License executed and delivered this J 7 day
of N';'t/€hl..e.:-..A:' , 1990, by the City of Boynton Beach, a
Florida municipal corporation, located in Palm Beach County,
Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT.
CORPORATION, \ a Florida corporation (hereinafter the LICENSEE).
i
WHEREAS, LICENSOR owns, a parcel of real property which is
more particularly described on Exhibit A attached hereto; and
WHEREAS, LICENSEE owns a parcel of real property which is
simple more particularly described on Exhibit B attached hereto.
NOW, THEREFORE, in consideration of the sum of Ten ($10.00)
Dollars and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by LICENSOR,
LICENSOR has granted, bargained, conveyed, and sold to LICENSEE
its grantees, heirs, successors, assignees, and nominees forever,
a perpetual non-exclusive license to use the real property
described on Exhibit "A" for the following uses.
1. The installation 'and maintenance of the landscaped
buffer and improvements on LICENSOR's Property as described in
Exhibit "A" hereto.
2. LICENSEE at its own expense shall maintain the license,
the improvements, and the property upon which the I icense is
located in a good state of repair.
3, LICENSEE shall indemnify and save harmless and defend
LICENSOR, its agents, servants, 'and employees from and against
any claim, demand or cause of action of whatsoever kind or nature
arising out of error, omission or -negligent act of TRADEWINDS,
its agents, servants or employees in connection with or related
to its use under this Agreement of the real property described on
Exhibit A
4. LICENSEE further agrees to indemnify, save harmless and
defend LICENSOR, its agents, servants, and employees from and
against any claim, demand or cause of action of whatsoever kind
or nature arising out of any conduct or misconduct of LICENSEE
not included in paragraph three above and for which LICENSOR, its
agents, servants or employees are or are alleged to be liable.
5. Neither LICENSOR nor any agent, servant or employee of
LICENSOR shall be liable to LICENSEE for any loss, injury or
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damage to
property,
loss.
LICENSEE or- to any
irrespective of the
other person or to its or their
cause of such inj ury, damage or
6. This License
terminated without the
LICENSEE, and executed
dignity to this License.
may not be modified,
prior written approval of
with the same formality
amended, or
LICENSOR and
and of equal
7. The grant of the license shall be binding on and inure
to the benefit of the parties hereto, their grantees, heirs,
successors, assignees and nominees.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above,
Signed, sealed, and delivered
in the presence of:
"
CITY OF BOYNTON BEACH:
a Municipal ccrpo~ation
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BY: 11.''? / .~'
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Its: Mayo," ,,', "
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1::0 T':orm
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STATE OF ~ZP9
COUNTY OF ~;->>-.1 LbA~
,/
The foregoing instrument was acknowledged before me this
.::::< 7 day of /V0t/.G'.1?8e~ , 1990, by &-III€ /)/a::;I"'-<~
, the /1/,4y.::?~ of the City of
Boynton Beach, a Florida municipal corporation, on behalf of said
corporation.
, .'
d~~~~~~J
Notary Public '
My commission expires:
. ,:.,'. .
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A::T~DE.DOC
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LEGAL DE~CRIPTION S.W. 8TE STREET RIG8T-OF-WAY
CE6CRIPTION:
A portion of "S.W. B~h StroQt" as shown on the Plats of
"~gIRD SEC'I'ION PALM BBACH LEISUP.EVILLE", as recc.:rded in Plat Book
28 at pages 243 end 244 and "SECOND SECTION PALM 3EACH
LEISOREVILLE", e.s recorded in plat Book 28 at pa.ges 220 and 221
o! the Fubl~c Records of Palm Beach County, Florida and more par~
ticularlY described as follo~s:
BEGINNING at the Southeast co~ner of Lot 4, BLOCK 23 of ~aid
"TEIR:l SECTI:JN FALM BEaCH LEISUREVILLB"; thence N. sa 26' 51" E.
along the South line ot "S. ~J. 8th St!:'eet." as shown on said plat,
a distance of 60.00 feet to the ::ast rig1:t of way line Clf US.v;.
8th streetU~ thence N 01 33' 09" E, a dis~ance of 1528.44 feet
alonf said East right of way l1ne to a point on ~ curve; then
northwesterly along the arc of a circ'.liar c~rve to the rir;!ht
whose radius point bea:::s ~r 55 08 r 03" E., having a 1.:adiuS of
490.00 feet, a central angle of " 43' 05", and arc di.ste.nce
lSB.21 feet to a point of intersection w~th the ~est righ~ of way
line of said "S.W. 8th street"; thence S 0'
33' 09" E. along the West right of way line a distance ot 1683.92
fQQt to the POINT OF BEGINNING.
Said la-nds situate :.n the city of Boynton Beach, Palm Beach
County, Florida.
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COMMENCING at the Southeast corner of said Section 29. T~Mnship 45
South. Range 43 East; thence N, 010341 16M W. along t~e East line
of said Section 29, a distance of 1302.55 feet to the Northeast
corne.r:..()fTra.::t RED of.~a.id uSHOPPES OF WOOLI3RlGIIT ?C.D." and tt:e
POINr O~ >>~GrNNING o~ this description; thence S. 3sc26r 13- w.
alonq ehe North .lin~ of 5~id Tract ~ED, "SHOPp~S O~ WOOLBRIGU~
P.C.D.-, a distance of l27l.3~ fee~ to a' point on curve; thanes
Northerly along the arQ of a CUrve eO the right ~ho~e radiu~ point
bears, N. 78- 55' 360 E.. having a radiu~.cf 1546.26 feet, ~
centralangle'of 010 121 28", an arc cistanea of 32.60 faet to a
point; thence N. 540- ~4.1 23"'W., a distance of 6.37 ,'feet. to a
point on curve; thence Northerly along the arc of a curle to the
r:i.ght'whose radius point bears N. 800 181 OS" E.. having a radius
or 1550.76 'feet, a central angle of 000 351 32", an arc distance
cf' 232.~tj teet to a po1.nt or tangency; t.~ence t-l. 01-00' 23- W., a
di~~nce of 416.46 feet; thence N. 01- JU' 32- E., a distance cf
23.19 ~eet, thence S. 2e8261 510 ~., a distance of Z3a.7~ teet ~c
the'NorthwG~: corner of Lot 12, B10ck 33 of ~aid "LAKE BOYN~CN
ES'l:ATES PLAT 2n; thence S. 01- 33' 09" B., ..l.olUj the WQGt li:\e of
said Bleck ,33. a distance ot 180.09 feet~ .the.nce s, gg02li' 51"
W.p a distance of 30.00 feet to the centerline of S:W. 9th Street
and'tha Southeast. corner of Palm Beach Leisurt:villeSection 3; as
recorded in Plat Book 28, Pages' ~43 and 244 of the Public Records
of Palm Beach.' County, Florida; thence fl. 'Ol'o 33' 09- iol. along
sAid east 'line an~ tne center11ne otS.W. 8th Street, ad1stance
ot 1'; 640. 08 tcc~ t:ot:hc Intersl!!ction wi t~ the t:i~sterly projec~lQn
of. ehQ .North. Line of Block 40 of 8"id "LAkE BOYNTON ESTATES '"!>~
1-; . . thence N.. B80 26' 13" E. along said Nor,th linG a distance 0 f
280.DO.feet;. thence S. 0103310911 .,E., a di.stanc$ of 120.00 foet:,
thence'N. 88,g 2.6"13 "E., a distance of 50.00 feet: thence S _ 01
33', 09- E~, . a. distance of 170..00. feet to the Northwest corner of
Lot 0, Bloc.k.-. 2'1 of. ML.AJG: BOmTON ESTATES PLAT 2;' thence N. 88026'
13t':.E'~ alo.ngthe North . line thereof, a distance ot. 50..00 .~.: feet to
.the NQr'tlleast;corne:r.'ot said Lot.,6;.thenceS..Olo3J' :~R ;E~, a
dist~nce of':120;.OO 'feet to the soutneast" corner Of sal~"Lot G;
. thGncEl. N._8'l.'~26i.>13'; E... olono;rt:he Nort:h'line of the aout.h'on~-hal'l:
'of alo.ck.21,~ 2:Lof ,oLA.KE. aOYNTOlI ES~TES PLAT 2", a di~t:8nce of
, 115-0.75 feet:.. t:.a',-t.he"S-ou~1o{e~t cornal:' of Loe"6, Block' 23 of s"id
'''LAKE B~NTON"ESTN1'ESi 'PLAT.2-; thence N. 01034' 16" W.-'a1onq',t.hG
We..St'line'of~'~::ln:ocks 23~ lBA,-18. a dlstance of ,760.00 feet to the
Southwest corner;'cf." Lot 4, Block llA. ot "LAKE BOYNTON' ESTATES.
. '. . '. .:" .' PLAT. :r"': tlte~~': P;i:'~te:rly al.onq the South 'lineof' ~aid Lot 4 along
..: .,~::".. :.. . y..'_:;;:"u,.~::::. ::~.!:.,t1'U~..~J::c;~9~~.;~il;~,i.i-'C:ul~r',c~e to the 'left.having OJ. radius of.34Q..3G
"~~~i'~ii"-'~':A~+S~~.';.ci":ioi~c~~~~t~T~~let~"'ha~i_gg .-., ;:-a~_us:.',9~:).~9 '..36. fe~~,: :~rL4r.C
. Qi3t4Q~e of 50.18 ~el!!t to the SOutheast corner therectj'thence N.
,01 . ~41 '16- W., .a d.iatance of. 136.30 fCl::t. to the Nortl1e-.st corner
" .'thereof:, thence 'S., . 88 261 '13- W., a distance of 50.00 fCl::t,to
' . the southwest' corner of Lot 3. Block llA;, thGhCe N. 01 34' IG./l .w.
" ,.' ',. '. .:along-the Wes.t. line of s<lld, Lot 3.. '.a', 'distanc~ of '1l0.0P' fQQt: 'to
. ,the'. ~"rthwest c~rner thereof: thence' ~asterly along the. NOl-th . line
of ,LOts: 1'.:..2"~ ',and, 3 of said Block 'llA;. alonq the' arc of a c.ircular
,'cux:ve to,.the'~~ft~. having a radius..of '3S2~92 feet'anc;1 whose: radius
point'bears ~.:O~:;3'" 16- w., navinq a,cen!;ralangle. of, 2S 09'
os., an. ara.. d.i~t:Cln.Ce q f, ' 154.93' feet' to. tne. f#orth"eaSt corne:r: of
said .Lc?1::, 1 , and' th~' E.aGt: ~iAe of .:laid' Sect:ion 29 ~ thence _S. 01'". 34"
16-. E;' alonq 'sa}.d.'Ea~t lin~ of S&C-eion. ',2;)," a dist'a.nce of: :a601.S8
feet .to' thelOINT:.OP,- BEGINNING. ,.' ..
Said'.lands',.situa.te'... in: the City of Boynton Beach, PalJ:n. DQACh
County,.Florida., ,..., . .
Corita.in.ing,3,925,.9.2O'~2.square~ Feet/9Q.1267 acres, -more or' less'
Subjec:t. to. E;a:sements, ': :Res-erictioIlS. -Reserva'tions, CO'renants . and
lU.ghts-of'~Nay' .or . Record. , .' '. ,
. '. .
LAKE,. :BOY~TON' ~STATES
PLAT I (13-32)
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\.......120,00 SiT'I.A./CI-P
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N 88026'1~"E
11033'08 E '" , 50.00
170N~'-26'1~"~50.00'
r r.fl.jCAP ' '\
1.19.3P II 12000' mo. PJU,.
'33 09 E . NO,19:SO
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LAND UESCRIPTIC~:
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n-pQction of 3ecc~on 29, TownShIp ~5 South, Range 43 East, p~~
Dcach COUQ ~y, F lor:i..d~ and ~ pO':-l:ion 01" "lJ\Jl;Z:; DCYNTON ~STI\TES, Pr..~']
L", .6 raco:-deXi in ~lat Pook .1.3, Pase .12 arid "!..J'oY.P. !10rtlTO:; :;S-:'J\TE~
PLAT 2-, as recorded.in ~1at Book 14, P_g~ -17 ~r.d "LARS DOYNTO~
ESTATES PLAT 3M, as recorded in Plat Book 1]. Paq", 53 <111 In.t:H
Public Records of Palm 'Beach County, Florida. and beinq morE
particularly described as follows:
,Tracts .. B", "C", ana "E- , .. SnOPPES OF WOOLnR! GIlT ? . C. D. It ,
according to the plat thereot, as recorded 1n Plat uook CS, Paqe~
137 and 138, of t.he Public: Record~ of 1>41n Dcacl1 c:oun:y, flortda,
tOlIQthQr. with. :', :.'.:;"'~'... .; '~;<"'-'~' ,; ,- ;.:.~ '~F
RECORD'ilER\FIED
PALM BE^CH COUNTY, FLF\
JOHN B. DUNKLE
9LERI<' CIRCUIT COURT
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R'" 352.92 -J . NO. 183,
A-25'"09'os XIIO' "'e
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,
AGREEMENT
THIS AGREEMENT made this
17th day of
Octo Jer
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development Corporation
(hereinafter referred to as "TRADEWINDStI).
WHEREAS, TRADEWINDS has heretofore
submitted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
section 5, and
WHEREAS, TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Boa -d, Planning &
Zoning Board and City Commission in accorda'1ce with the
requirements of Appendix C, and
WHEREAS, th~ Planning , Zoning Board of the CITY at its
September 17, 1990, Special Meet ing condi tiona lly approved the
preliminary Plat and made its recommendations to the city
Commission, and
WHEREAS, the City commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
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t
subject of the Plat, and
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WHEREAS, Appendix C, Article IX, Section 8 requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, Section SG requires an
Agreement, in writing, by TRADEWINDS with respect to the
dedication of lands, the payment of fees in lieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
writing required of TRADEWINDS pursuant to Appendix C, Article
IX, Section SG.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS fOLLOWS:
1. The CITY agrees to accept a combi nat ion of land,
located outside the bound3ries of the Plat, and fees in the form
of actually constructed improvements to a propcsed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
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3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as ire determined by
the City Attorney to be necessary, 3.5 acres 01 land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
Section 8B4, or
B. Provide Actual Constructed Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-hal f (). 5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elemen:s designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
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market value as set forth in paragraph 2 of this Agreement. All
construction improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY.
In the event the CITY fails to
generate park development plans within three (J) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as "The
Tail".
A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5, The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
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A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Append!:: C, Article IX,
section SF for entitlement to the fifty (50\) pElrcent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, section 8 have been met.
C. In the event that TRADEWINDS fails to establ ish
the existence of the criteria set forth in Appendix C, Article
IX, section SF or if the City commission fails to find that such
cr iter ia have been establ ished and that it :.S in the publ ic
interest to provide TRADEWINDS with the fif:y (50') percent
cred it, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-hal f (4.5) acres of property sha 11 be
subject to forfeiture to the CITY.
D. TRADEWINDS sha 11 furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110\)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set f~rth in paragraph 2
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of this Agreement, and the cost of all other: r:equir:ed
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond ,lhall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following City commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibi t "A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for :site development.
F. A determination by the city commission when
development of the park or recreational fac ilities described
herein shall be commenced.
6. The parties agree that nothing conte lned herein shall
constitute a waiver by the CITY in favor of T~\DEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
Page 6 of 7
I add! tional condi tions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
By:
DATED:
DATED: Cth-ri:A&-e /7' /99C'
,
CORP. THE
t
President
7ff~ ".C.-
,..
GENE MOORE, MAYOR
--
(corporate seal)
ATTES~fl~r...PJL ~-"'I"_
ITY CLERK
(City Seal)
a:2
BOYNTON
10/17/90
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RESOLUTION NO. R96-//Pr
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A RESOLUTION OF THE CITY COMMISSION OF T
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ABANDONMENT OF A 30' RIGHT-OF-
WAY ON PURPLE HEART WAY PURSUANT TO
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF BOYNTON BEACH AND HOWARD
SCHARLlN, TRUSTEE FOR WOOLBRIGHT PLACE,
JOINT VENTURE BY RESOLUTION R95-65; AND
PROVIDING AN EFFECTIVE DATE.
PlANN:;-J~' . ~ '-~.-
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I WHEREAS, by Resolution No. R95-65, the City of Boynton Beach entered intC'
a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, (SCHARLlN) which Agreement provided for the abandonment of the
southernmost 30' of the industrial road right-of-way by the City to SCHARLlN;
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Right-of-Way Abandonment for the southerly 3D' of the right-of-way, located
on Purple He~rt Way, more particularly described in Exhibit "A", attached hereto and
made a part hereof.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 6 day of August, 1998.
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RESOLUTION NO. R92~/~
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A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR, CITY
MANAGER AND CITY CLERK TO EXECUTE A
STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND GARY
LEHNERTZ, CASE NO. 0309 GM, ATTACHED AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, on or about May 15, 1990, and pursuant to Section
163.3184(10) and Section 403.412(5), Florida Statutes, Gary
Lehnertz filed a Petition for Intervention in the administrative
proceed~ng; and
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WHEREAS, an amicable agreement has been reached between
Intervenor (Lehnertz) and the City of Boynton Beach regarding
issues. involving the administrative proceeding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida hereby authorizes and directs the Mayor, City
Manager and City Clerk to execute the Stipulated Settlement
Agreement attached hereto as Exhibit" A II between the City of
Boynton Beach and Gary Lehnertz.
This Resolution shall take effect immediately
Section 2.
upon passage.
PASSED AND ADOPTED this /
day of December, 1992.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
,-
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Petitioner, )
)
and )
)
GARY LEHNERTZ, ) CASE NO. 90-0309GM
)
Intervenor, )
)
vs. )
)
CITY OF BOYNTON BEACH, . )
)
Respondent. )
)
STIPULATED SETTLEMENT AGREEMENT
DATED NOVEMBER 1992
COMES NOW, the Respondent, CITY OF BOYNTON BEACH, FLORIDA, a
Florida municipal corporation (CITY) and GARY LEHNERTZ, an
individual, (LEHNERTZ) and hereby stipulate and agree as follows:
1. On or about May 15, 1990, and pursuant to Section
163.3184(10) and Section 403.412(5) of the Florida Statutes, GARY
LEHNERTZ filed a Petition for Intervention in the administrative
proceeding.
Subsequent to the filing of the Intervenor's
Petition, the parties to this agreement have engaged in
meaningful and purposeful discussions resulting in an amicable
resolution of the issues that existed.
2. On or about July 12, 1990 a formal Stipulated
Settlement Agreement was entered into between the DEPARTMENT and
Page 1 of 4
the CITY with respect to the comprehensive plan as prepared and
filed by the CITY.
3. In accordance with the terms and provisions of the
Stipulated Settlement Agreement full compliance with the
agreement was estimated to take approximately ten (10) months.
Accordingly, the DEPARTMENT moved for an order abating the
administrative proceedings so as to allow the CITY sufficient
time to fully comply with the terms of the agreement.
4. The CITY has fully complied with all applicable terms
of the Stipulated Settlement Agreement entered into between the
DEPARTMENT and the CITY.
5. In accordance with an agreement reached between the
Intervenor and the CITY, the CITY agrees that the berm to be
constructed by the developers of the residential development
known as Tradewinds will be vegetated with native plants in
accordance with the landscape plan submitted by the developer and
approved by the CITY. Furthermore, that the native vegetation
will be planted along the entire north side of the Tradewinds
residential development in accordance with the approved
landscaping plan.
6. This is the entire agreement between the parties hereto
and no verbal or written assurance or promises effective or
binding unless included in this document.
Page 2 of 4
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100 X. 'Boynton 'BUIlh 'Boukvara
P.O. 'Bo:t310
'Boynton 'BUIl!i, ~forUia 33425.0310
City 1fafi: (407) 375-6000
~;U: (407) 375-6090
C E R T I F I CAT ION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached Resolution tR95-28
consisting of one (1) page, Exhibit "A" consisting of one (1) page
and Disclaimer consisting of one (1) page, are true and correct
copies as they appear in the records of the City of Boynton
Beach, FL.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA this 2nd day of March, 1995.
~~~~
SUZ NE M. KRUSE, CMC/AAE
CITY CLERK
March 2, 1995
( SEAL), '
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RESOLUTION NO, R95 .8
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
~BANOONING A 12 FOOT J WIDE UTILITY
gASEMENT RUNNING APPROXIMATELY 200 FEET
EAST OF AND ALONG SW 8TH STREET, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID UTILITY
EASEMENT; PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, CCL Consultants, Inc., agent for Howard R,
Scharlin, Trustee for the woolbright Place PuQ, has requested
the abandonment of a 12 foot utility easement, running
approximately 200 feet east of and along SW 8th Street,
hereinafter described; and
WHEREAS, comments have been solicited from the appropriate
City Departments, and public hearings have been held before the
City'S Planning and Development Board and the City Commission on
the proposed abandonment; and
WHBREAS, based on the foregoing information, the said
utility easement no longer serves any useful purpose,
NOW, THBREFORB, BB IT RESOLVED BY THB CITY COMMISSION OF
THB CITY OF BOYNTON BBACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida by and through its City Commission, does hereby
abandon a 12 foot utility easement running approximately 200
feet east of and along. SW 8th Street, located in the City of
Boynton Beach, Florida and more particularly described in
Exhibit MAM attached hereto.
Section 2. The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public Records
of Palm Beach County, Florida.
Section 3. This Resolution
immediately upon passage,
shall
take
effect
PASSBD AND ADOPTBD this ~/ day of February, 1995.
CITY OF BOYNTON BEACH, FLORIDA
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ENGINEERS SURVEYORS PLANNERS
2200 PARK CENTRAL BLVD. N. SUITE 100 POWPANO BEACH, Fl 33084 (30~) 174-2200
POMPANO BEACH ORLANDO WEST PALM BEACH
lJ!fice at the City CletJl
CIty at BoyAton BeacII
P. O. Box 3JO
Boynton Beach, FJorfcN
ORB 8643 P9 1441-A
DOROTHY H. WILKEN, CLE~~ PB COUNTY, FL
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EXHIBIT "A"
LEGAL DESCRIPTION: PORTION OF EASEMENT TO BE ABANDONED
A PORTION OF THE UTILllY EASEMENT DESCRIBED IN OFFICIAL RECORD BOOK
6651, PAGE 444, PUBLIC RECORDS, PALM BEACH COUNlY, FLORIDA, LYING IN
SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY
OESCRIBE:O AS F'OLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE QUARTER
(NE 1/4) OF SAID SECTION 29; THENCE NORTH 01'33'10" WEST ALONG THE
EAST LINE OF SAID SECTION 29. A DISTANCE OF 434.24 FEET; THENCE DEPARTING
SAID EAST LINE OF SECTION 29 AND PERPENDICULAR TO THE PRECEDING
COURSE SOUTH 88"26'50" WEST, A DISTANCE OF 175.14 FEET
THENCE SOUTH 01'34'16" EAST, A DISTANCE OF 155.00 FEET; THENCE SOUTH
88'26'1.3" WEST, A DISTANCE OF 835.00 FEET; THENCE SOUTH 01034'16"
EAST FOR 585.00 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE
EASEMENT, LYING 6.00 FEET ON EACH SIDE OF AND ADJOINING THE FOLLOWING
DESCRIBED CENTERLINE; THENCE SOUTH 0 io 34'16" EAST, A DISTANCE 310.00
FEET TO THE BEGINNING OF A CURVE, HAVING A RADIUS OF 1111.84 FEET, FROM
WHICH A RADIAL LINE BEARS NORTH 88'25'44" EAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE; SUBTENDING A CENTRAL
ANGLE OF 30'14'48", A DISTANCE OF 586.95 FEET TO A POINT OF REVERSE
CURVATURE OF A CURVE HAVING A RADIUS OF 1 091.83 FEET, FROM WHICH A
RADIAL LINE BEARS SOUTH 58" 1 0'56" WEST; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE, SUBTENDING A CENTRAL ANGLE OF
04'03'19", A DISTANCE OF 77.28 FEET TO A POINT OF TERMINUS.
SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS OR
RESTRICTIONS, OF RECORD, IF ANY. .
,/
Property Contrrol
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NOTES:
1. REPRODUCTIONS or THIS SKnCH ARE NOT VAUD UNLESS
SEALED WITH AN EMBOSSED SURVEYOR'S SEAl..
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY
CCl CONSULTANTS. INC. fOR EASEMENTS AND OR RIGHTS-
Of-WAY or RECORD.
3. DATA SHOWN HEREON WAS COIolPILED fROIol OTHER
INSTRUMENTS AND DOES NOT CONSTITUTE A F'lELD SURVEY
AS SUCH.
CERTifiCATION:
I HEREBY CERTIfY THAT THE ATTACHED SKnCH AND LEGAL
DESCRIPTION IS TRUE AND CORRECT TO THE BEST Of MY
KNOWLEDGE AND BEUEf' AND THAT IT MEETS THE MINIt.lUIol
TECHNICAL STANDARDS SET FORTH BY THE rLORIDA STATE
BOARD or LAND SURVEYORS IN CHAPTER 61 G17-6, rLORIDA
ADIolINISTRATIVE CODE.
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REVISIONS DATE BY
SKETCH AND LEGAL 10 14/94 L.T. STATE Of rLORIDA
P.1..5,
REVISE SKETCH AND LEGAL 10/18/94 L.T. DRAWN CHECKED P fiELD
REVISE SKETCH" LEGAL 02/24/95 C.K. BY L.T. BY N, BOOK
REVISE SKETCH 03/0tt95 L.T.
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1441
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DISCLAIMER
KNOW ALL MEN BY THESB PRESBNTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the
State of Florida, does hereby abandon and disclaim an
approximate 12 foot utility easement, running approximately 200
feet east of and along SW 8th Street, situated and located in
Palm Beach County, Florida, attached hereto as Exhibit NAN.
IN WITNBSS WHEREOF, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands
and affixed the seal of the City this ~ day of February,
1995.
ATTEST: '>{"
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~~~~~+ty' Clerk
CITY OF BOYNTON BEACH, FLORIDA
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Edward Harmening, Ma~~
STATE OF FLORIDA
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! I COUNTY OF PALM BEACH
,: BEFORB lIB, the undersigned authority, personally appeared
I EDWARD
:1
HARMENING and
SUZANNE
KRUSE,
Mayor
and
City Clerk
I respectively, of the City of Boynton Beach, Florida, known to me
:1 to be the persons described in and who executed the foregoing
i instrument, and acknowledged the execution thereof to be their
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free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal
of said corporation; and that said instrument is the act and
deed of said corporation.
WITNBSS my hand and official seal in the said State and
County this ~I
day of February, 1995.
/it;;!' P~~I~~t; of Florida
My Commission Expires:
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IJRB 6667 P3
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GRANT OF-LICENSE BY CITY OF BOYNTON BEACH,
A FLORIDA MUNICIPAL CORPORATION TO
TRADEWINDS DEVELOPMENT CORPORATION,
A FLORIDA CORPORATION
THIS GRANT of License executed and del ivered this .=-<;7 day
of ~OV€nlA3c:~ , 1990, by the City of Boynton Beach, a
Florida municipal corporation, located in Palm Beach County,
Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT_
CORPORATION,. a Florida corporation (hereinafter the LICENSEE).
\
WHEREAS, LICENSOR owns. a parcel of real property which is
more particularly described on Exhibit A attached hereto; and
WHEREAS, LICENSEE owns a parcel of real property which is
simple more particularly described on Exhibit B attached hereto,
NOW, THEREFORE, in consideration of tHe sum of Ten ($10.00)
Dollars and other good and valuable consideration, the receipt
and sufficiency. of which is hereby acknowledged by LICENSOR,
LICENSOR has granted, bargained, conveyed, and sold to LICENSEE
its grantees, heirs, successors, assignees, and nominees forever,
a perpetual non-exclusive license to use the real property
described on Exhibit "A" for the following uses.
1. The installation -and maintenance of
buffer and improvements on ~ LICENSOR's Property
Exhibit "A" hereto.
the landscaped
as described in
2. LICENSEE at its own expense shall maintain the license,
the improvements, and the property upon which the I icense is
located in a good state of repair.
3. LICENSEE shall indemnify and save harmless and defend
LICENSOR, its agents, servants, 'and employees from and against
any claim, demand or cause of action of whatsoever kind or nature
arising out of error, omission or -negl igent act of TRADEWINDS,
its agents, servants or employees in connection with or related
to its use under this Agreement of the real property described on
Exhibit A
4. LICENSEE further agrees to indemnify, save harmless and
defend LICENSOR, its agents, servants, and employees from and
against any claim, demand or cause of action of whatsoever kind
or nature arising out of any conduct or misconduct of LICENSEE
not included in paragraph three above and for which LICENSOR, its
agents, servants or employees are or are alleged to be liable.
5. Neither LICENSOR nor any agent, servant or employee of
LICENSOR shall be liable to LICENSEE for any loss, injury or
Page 1 of 2
damage to LICENSEE or- to any other person or to its or their
property, irrespective of the cause of such injury, damage or
loss.
6. This License
terminated without the
LICENSEE, and executed
dignity to this License.
may not be modified,
prior written approval of
with the same formality
amended, or
LICENSOR and
and of equal
7. The grant of the license shall be binding on and inure
to the benefit of the parties hereto, their grantees, heirs,
successors, as~ignees and nominees,
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above.
......
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Signed, sealed, and delivered
in the presence of:
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CITY OF BOYNTON BEACH:
a Municipal ccrpo~atlon
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STATE OF ~~~A
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The foregoing instrument was acknowledged before me this
~7 day of /1hV'.=:;91Be~ , 1990, by ~N'€ /)/~x~
, the ///""'Y~ of the City of
Boynton Beach, a Florida municipal corporation, on behalf of said'
corporation.
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Not ry Public .
My commission expires:
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LEGAL DE~CRIPTION S.w. aTe STREET RIG8T-OF-WAY
CESCRIPTION:
A portion of "S.W. Both StrQQt." 3.S sho.....n on the Plats ot
"':'3IRD SECTION PALM BBACH LEISUREVILLE", as recc;rded in Plat Bock
28 at pi:lges 243 end 2-44 and "SECOND SECTION PALM 3EACH
LEISUREVILLE", c.s recorded in plo.t Book 28 at Paqes 220 and 221
o! the FUblic Records of Palm Beach County, Florida and more par-
ticularl~ described as follo~s:
BEGINNING at the Southeast corner of Lot 4, aLOCK 23 of .aid
"TEIRJ SECTIJN PALM BE?CB LEISUREVILLE"i thence N. sa 26' 51" E.
along the South line ot "5.t-1. 8th Street" as shown on said plat,
a distance of 60.00 feet to the ::ast rig1:t of "Way line of "S.t-4.
8th Street"i thence N 01 33' 09" ~, a dis~ance of 1528.44 feet
alonf said East right of way line to a point on ~ curvei then
northwesterly along the arc of a circ~ar cury;! to the right
whose radius. point bea:s N 55 08' 03" E., having a radius of
490.00 feet, a central angle at 11 43' 05", and arc di.stance
158.21 feet to a point of intersection w~th the ~est right of way
line of said "S.W. 8th Street"; thence S 0:
33' 09" E. along the West right of way line a distance ot 1683.92
feet to the POINT OF BEGINNING.
Said lands situate :..n the City of Boynton Beach, Palm Beach
County, Florida.
b.....~r~'}ot~1I -
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COMMENCING at the Southeast corner of said Section 29, Ta~nship 4
South. Range 43 East: thence N. 01034' 16~ W. ulonq t~e East iin
of said Section 29, a distance of 1302.55 feet to the Northeas
eorner..,"fTra.::t -ED of.pa.id uSHOPPES 01' WOOLDRIGIlT p.e.D." and tt:
POINT O~ 6~GINNING or this aescr1pt1on; thence S. aSo26' 13- ~
dlonq the North .lin~ of said Tract ~t., "5HOPP~S O~ WOOLBRIGU
P.C.D.~, a distance of 1271.3~ feet to A point on eurve: th~nc
Northerly ~lon9the ~ra of a CUrve to the right who~e rAdiu~ POifi
bears N. 78- 55' 36D ~.. h~ving a radiu~ of l546.2G feet,
centralangle'of 010 12' 28-. an arc cistanes of 32.60 feet to
point; thence N. 54 o. ...' 29. 'W., a distance of. 6.37,' feet to
point on curve; ~ence Norther I}' along the arc of a cur....e to th
right'whose radius point bears N. 800 18' OS" Eo, having a radiu
or 1550.76 feet, a central angle of 00. 35' 32", an arc distanc
of' 232.~15 teet to a point or tangency; t.h.ence tL 01.00' 23" W.,
di~~nce of 416.46 feet; thence N. 01- JU' 32- E., a dtstanee c
23.79 teatl thence S. 208261 51- W., a distance c! 338.74 teet ~
the ..NorthwG~~ corner of Lot 12, B10ck 33 of :said "UKE BO'iN'1'C
ES'tATES PLAT 2": thence S. 01- 33' 09" B., Ol.iOfl.Cj t:h~ WQGt li:ie 0
sa~d Block ,33, a distance of 180.09 feet; .the.nee S. gQo26' 51
W., a distance of 30.00 feet to the centerline of S:W. 8th Stree
and' the Southeast. corner of Palm Beach Leisur~ville Section 3. a
recorded in Plat sook 281 Pages' ~43 and 244 of the fublic necord
of Palm BeaCh" County, Florida; thence N. ' OlD 33' 09- W. alon
eid elllOt'line and the centerllne ot -S.W. 8th Stree.'t., a distanc
ot l'; 640.09 feet:. to the Intt=r:5l!ction witt: tbe W~sterly projec~.tQ
of, t:..~Q North. Line of Dlock JO of said "LAKE BOYNTON ES'l'ATES ''l>LA:
1- : 'thence N.. sa. 26' 13" E. .~on9 sa.id Nor.th line a distance 0
280.00.feeti.'thence S. 01033' 09" :.E., a d1.st'a.nce of 120,00 wet
thence'N. SSD 2.0' "lJ"E., a distance of 50.00 feet; the.nce s~ 0
33'. 09- E~l ~a.. distan'ce of 170..00. feet to the'Nortl:1west corner 0
Lot 0, Block.ll of. MLAKt BOfNTON ESTATES PLAT 2;' thenceN~ 88026
1J,~':.E', a:~Qn9 the. North line thereo(, a distance of' 50..00 ':: feet tc
,the NorUleas.t;cot"ne:c:ot said Lot,6;.t;henceS...Olo3JI ';~" ~., .
di~tQnc:e of';120~OO 'feet to the :SOUtheast" corner ot saleS"Lot G:
tha,;,ce N.,'aa,~2Gi.,':131i E... <ldono;r t:he North'line of the Soutll'one-ha11
'01: Block.::21,6nd. 22:of.8LA.KE,BOnlTON ES~TEG PU'r 2", Q di:Jtance 01
.115<1. is feet.t:o'..t.he"S-ciuth"{&!it co~nQr of Lot'.6, Block' JJ of sai,
uLAXE B~NTON"ESTJU'ES. 'PU1' , 2.; thence N.Ol D34' 16" W."alon'l'l:h'
. ". "I' .'i" '.
West.hne,of:,;':atocks 23~ lBA,-18. a d1.stance of'.760.00 f~et.ta tht
Southwest. C9rn~;,cf" Lot 4 ,Block llA. of "LAKE. BOYNTON' ESTATES.
' " . . .:'.... PLAT.:I-, t1te~~',t~~te:rlya.lonq the South:line 'of,.,.~aid Lot' 4 alor.~
.'.'.: ,.~::"'. :... .... '._:~.""~::;:' ~:~,!:':&J:\~"fl~~:9l~:..:'~';:Ci#'cul~r",c~e to the left..having OJ. ,radius of,,340.,;(
"~'~"h'';;'.''~~'~~+.5~~-::.u'':&~'c:=CU~~~~t~~~~le~-C_ba\l:i_gg ..a .Fa~.us~:,9~:J.~9 ..36, fe~t.,: :~n"::4t:c
' di~tAn~e of 50.18 ~eet to ~e SOutneasc corner the:ceofi'thence N.
,01 . ~4"'16- W., ~ diutance of. 136.30 feet. to the Nort:lleaSt Corner
" ,.thereof:, thenee 'S., , &S ' J" '13- W., a diutance ,of. 50.00 ECt;!t to
. . the southwest' corner of Lot 3. 1l1o'ek UAI' t!iQnce N. 01 34' lG..1t ,(01.
'..', :'alc;ingthe W~~e line:of silJ.d, Lot 3; :.a'. . distance of '1l0.01l.'fQ"t: 'to
. ,the', ~g1;'thwest c~rner thereof; thence ~asterly along the, NOl.th 'line
of ,LOts' 1',:"2'; '.and. 3 of sa,id Block.llA;, .Honq the' arc of a circular
. 'cui::ve to. .the ',1~ft~. having a radius 'of '3S2p 92 feet' .an~ whose:: radius
.Foint'bea:r,s ~.'O~:;:.'1' 16- w., nav1nq a.cel\~ral"a.ngle. of .':25 09'
OS-, an' a~C1.,di~'tClJli::c, qE" 1.54.93' feeC'to.tl1e'lforthaaSt corner Ot
said ~~ 1 , and . th~' Ji:aGt: l;.iAe of :sai.d' Sect:i~n 29"; thence ,S. 01.', 34'
16- E;'alonq 'said.'East line of Section. ,,~~,' a diat'a.nce of: 2601.58
fee't .to' the, roINT:,.OP,- BECINNING. .,' ."
Said"lands':situa.te':. . in: the City of Boynton Beach, PalJII ,: DQ.lch
CO~f}t~, .Florida." ",. ..., , ' .
Conta~ning,1,'2S;9.2~.2'Square,F.eet/99.1267 ac~e$"more' or' less.
Sub:Je~t to. E;a.ements, ': 'Rest:rictioJ1S1 'Reservations, CO'femmes, and
Ilighta;"Of",:",HaY',ot 'Re~c:ar.d., " . _
.LAKE.. :SOYNTON.. ESTATES
PLAT i (13-32)
LLl}
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)46)
r . SO I..q./CAP
I NO. '930 "
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~rtion of ~ect~on 29, Tvwn~!p ~S South, Range 43 E~st, p~
Deach CClU.Qt:y, Florid.:l and l1 PO;-l;ion ot .tM~ DC:iNTUN ~STI\TES, p~
1", .;rii raco,"dcx\ in ~lat Rook 13, (Jage 32 and "U.JU: ~OrtiTO~; :::S~ATJ
PLAT 2-. ~s recorded.in JUat. Book 14, Paq.. '.17 and "t.Al<E DOniT(
ES'rltTES PLAT 3", as recorded in Plat Book 1.3. paqe- 53 <ill ,:,'\' t:
Public Records of Palm 'Beach County, Flo~ida, and beinq mOl
?articularly described as follows:
,Tracts . B -, "e",. ana "E- , .. SIIOPPZS OF WOOLnR T GUT ? . :: . D. .
according to the plat: thereot, as recordc;:c1 1n Plat:: )jook (,5, Pilqt
137 ."1nd 138, of t;hc Publi.c Rec:ord~ of 1>aln Du...cl1 c<.lun:y, Florl(1a,
t09Qt:lu~r with ,', :'.'}"~', . .; '.::-.-.,, .;._
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RECORD VEA'FIED
PALM BE^CH COUNTY. FLi'.
JOHN B. DUNKLE
, , GLERI<' CIRCUIT COURT
,- -' ....".,~. "'\
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" rHO. P}
R"352.92 -J ' NO. 1.113.
A-.esC:09'9B V'IO' "'.'
~.. ',54.~3, I\.. \.:J.
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AGREEMENT
THIS AGREEMENT made this
17th day of
OctoJer
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development corporation
(hereinafter referred to as "TRADEWINDS").
WHEREAS, TRADEWINDS has heretofore
submitted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
section 5, and
WHEREAS, TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Boa od, Planning &
Zoning Board and City commission in accorda,ce with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the city
Commission, and
WHEREAS, the City commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
subject of the Plat, and
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WHEREAS, Appendix C, Article IX, section a requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, Section 8G requires an
Agreement, in writing, by TRADEWINDS with respect to the
ded ication of lands, the payment of fees in lieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
wri ting required of TRADEWINDS pursuant to Appendix C, Article
IX, section aG.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITAlS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combination of land,
located outside the bound3ries of the Plat, and fees in the form
of actually constructed improvements to a proposed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
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3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as ire determined by
the City Attorney to be necessary, 3.5 acres 01 land, the legal
description of which is set forth on Exhibit "All and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
Section 8B4, or
B. Provide Actual Constructed Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-half (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elemen:s designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
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market value as set forth in paragraph 2 of this Agreement. All
construction improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans wi thin three (1) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfact ion of any cash
payment to the CITY required in lieu of land dedication.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as liThe
Tail". A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendii C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property'.
The conditions are as follows:
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A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendi:: C, Article IX,
section 8F for entitlement to the fifty (50\) pElrcent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, section 8 have been met.
C. In the event that TRADEWINDS fails to establ ish
the existence of the criteria set forth in Appendix C, Article
IX, section 8F or if the city commission fails to find that such
cri ter ia have been establ ished and that it :.s in the publ ic
interest to provide TRADEWINDS with the fif:y (50\) percent
cred! t, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-hal f (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS shall furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110\)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, Section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
Page 5 of 7
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of this Agreement, and the cost of all 0ther required
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond :;hall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following city commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibit II A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for ;;ite development.
F. A determination by the City commission when
development of the park or recreational fac ilities described
herein shall be commenced.
6. The parties agree that nothing conte ined herein shall
constitute a waiver by the CITY in favor of T~\DEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
Page 6 of 7
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I additional conditions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
By:
DA TE 0 :
DATED: &h72JAa /7' /9PGJ
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CORP.
q 't~ ". L---
,..
GENE MOORE, MAYOR
--
THE TON BEACH
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President
(corporate seal)
ATTES~1f""I<'P)C ~M_
ITY CLERK
(City Seal)
By:
a:2
BOYNTON
10/17/90
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ORDINANCE NO. 89-39
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY PURSUANT TO AN ORDER OF THE CIRCUIT
COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
BY REZONING SEVERAL PARCELS OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA, FROM R-1A (SINGLE-FAMILY
RESIDENTIAL), R-3 (MULTIPLE-FAMILY
DWELLING) AND C-2 (NEIGHBORHOOD
COMMERCIAL) TO PLANNED COMMERCIAL
DEVELOPMENT; PROVIDING FOR ADDITIONAL
SQUARE FOOTAGE OF COMMERCIAL
DEVELOPMENT; SAID PARCELS BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING THAT ALL DEVELOPMENT OF SAID
PROPERTY SHALL PROCEED IN STRICT
COMPLIANCE WITH THE DEVELOPMENT PLANS AS
SUBMITTED AND APPROVED AND ALL
APPLICABLE ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE,
AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
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WHEREAS, the City Commission of the City of Boynton
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:! Beach, Florida, has heretofore adopted Ordinance No. 80-19
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in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Kieran J. Kilday, as agent for the applicant,
Tradewinds Development Corp., d/b/a TRADEWINDS GROUP, and
the owners of the subject parcels, has heretofore filed a
Petition with the City of Boynton Beach, Florida pursuant to
Section 9 of Appendix A-Zoning of the Code of Ordinances,
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,I City of Boynton Beach, Florida for the purpose of rezoning
,; certain parcels of land consisting of approximately 28.8455
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!! acres (t) located within the municipal limits of said City,
said property being more particularly described hereinafter,
from R-1A (Single Family Residential District) , R-3
(Multiple-Family OWelling Di.triot) and C-2 (Neighborhood
Commercial District) to Planned Commercial Development;
WHEREAS, the City Commission entered into a Stipulation
and Settlement Agreement which was approved by Judge
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Rudnick's Order Approving Settlement Agreement on November
6, 1986, and subject to a further Order by Judge Rudnick on
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January 27, 1987, and subject also to a Mandate and Opinion
from the Fourth District Court of Appeal on July 22, 1988,
which affirmed the trial court's Orders, and subject also to
Judge Rodger's Order Granting Tradewinds Motion for Contempt
on October 21, 1988, and lastly, subject to the Fourth
District Court of Appeals Per Curiam Affirmation of Judge
Rodger's Contempt Order on June 7, 1989, copies of which are
all attached hereto, and the City Commission is, therefore,
being required to comply with the aforesaid Stipulation and
Settlement Agreement.
WHEREAS, the Circuit Court for the 15th Judicial
Circuit on the 31st day of October, 1989, issued an order
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~ i amending the City's 1986 Comprehensive Plan in conformance
with the above mentioned Stipulation and Settlement
i i Agreement.-
Said
being
Order
attached
hereto
and
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incorporated herein,
NOW, TBBREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OP 'l'BB CITY OP BOYNTON BEACH, FLORIDA:
Section 1.
That the following described land,
located in the City of Boynton Beach, Florida, to wit:
See attached Exhibit "A"
be and the same is hereby rezoned from R-1A (Single-Family
,:
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Residential
District)
(Multiple-Family
Dwelling
R-3
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District), and C- 2 (Neighborhood Commercial District) to
Planned Commercial Development, which use is determined to
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be appropriate under the circumstances agreed upon by the
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City in said Stipulation and Settlement Agreement and in
conformity with the Comprehensive Plan of the City of
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Boynton Beach, Florida.,
Section 2.
That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
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section 3.
That the application of the owners and
subject property for rezoning is hereby
agents of the
granted for the purpose of permitting the development of
said land as a Planned Commercial Development (PCD)
specifically
in
with
the
aforementioned
accordance
Stipulation and Settlement Agreement and Court Orders in
Case No. 86-3661 (CL)A, all which respectively enforced the
Stipulation and Settlement Agreement and found this City in
contempt of court.
Except as provided herein, the Applicant shall proceed
to file site plans of any part or all of the PCD for review
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by the appropriate departments of the City government in
accordance with the Ordinances of the City of Boynton Beach,
and the site plans shall also be subject to review with
respect to subdivision, platting, building permitting, and
any or all applicable rules and regulations of any
entity
governmental
having
jurisdiction
over
land
development and building permitting within the City of
Boynton Beach.
Section 4.
Notwithstanding any other provisions of
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this Ordinance, the applicant shall be permitted to
construct an additional 121,000 square feet of commercial
building area over and above that permitted by the
aforementioned Stipulation and Settlement Agreement. This
additional square footage of commercial development shall
require off-site traffic improvements identified in the
October 23, 1989, Barton-Aschman Associates, Inc., traffic
report, attached hereto and incorporated herein, subject to
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the City Commission on November 7, 1989.
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Section S.
or
parts
of
That. all . ordinances
ordinances in conflict herewith be and the same are hereby
repealed.
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Section 6.
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
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:; invalid, or should any Section of this Ordinance not become
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remainder of this ordinance.
Section 7. Authority is hereby granted to codify said
ordinance.
Section 8.
This ordinance shall become effective
I immediately upon passage.
FIRST READING this 17th day of October, 1989.
SECOND, FINAL READING and PASSAGE this -!3/~ day of
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, 1989.
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ATTEST:
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City rk
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(Corporate Seal)
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EXHIBIT "A"
~ O[5CRlrlIOH~ TRACT .1
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A rOUIOH'Of,'llOCU .45, 50 AND Sl Of LAU 10UTOII BTAHS.' rUI ).
ACCOROIMG TO THr 'LAr T~[REO' AS ~(CORO[O IN PLAT 1001 I) PAGE 5J Of IHl
PUILIC R[COROS OF '_lH I[ACH COUHIY. flORIOA 'TO&tlHER WiTH A 'O.'IOM Of
SHilOH ltt TOWHSHI' 4S SOltlH. RAIIGt U lA/t.. .'Al." I(~CH (ou"n. HORlDA.
HORl ,ARIICUlARLY DlSCRlltD AS fOLLOWS. ' '.
. ,
(O"~(HCIHG AI TH( SOUTHEAST (DAN(A Of SAID S[CTION ZI; TH~"C[ S. Ie- or'
11. w.. ALONG lH( SOUIH LINE TH[REOf. A DISTAIIC[ Of 11)1,11 fE(T; TH(NCt II.
01. ))' 4'- 'I.. A OISTANCt Of 115.94 f[ET TO AN INTEIS[CTIOII Wl1M TH[ HOlTH
llN[ Of lHAI 70,00 rOOT ORAIIIA&[ RI'HT-Of.WA1. AS SHOWN OM THAT fLORIOA
O[PARI"(NI OF IRA"SPORIAIION AIG"I-Of-WAY HAP or 1-95 (WOOL.RIGHT AVEHurt
JO' HO. ')ZI0-Z411. SH[[I 21 AND THl POIIIT or IlGINNIHG Of THIS
0[5C.I,IIOH: IHlHCl COHIINU[ H. 0'" ))' 4'- W.. SAID LIII( IEIH' rURIH[R
orSCRII(O AS eo.oo r[IT W(ST or AHD 'A~AlL[l WitH. 'H[ (AST llN( or lOl
14. ILOCI \1 Of SAID lAK[ 10'NIOII [SlAT(S 'LAT ). ADISTAHCl or 442,55 f((I
10 A POINI Of INtIRS(CIIOII WIIH tHt NOATH llll( Of SAID IlOCK 50i IH(IIC(
HORIHW[ST(RLr ALONG THt ARC or A cuavt TO IHE LEfT HAYIIIG A IADIUS 0'
1750.00 '(ET. A CtNTIAl ANGl( Of II. 11':14~. AN A_C OISIANC[ )51.01 f[[I;
TH[IICE S. U. 26' I)- W.. A DISThct'O[ 481.81 f[U TO A 'OIHT or
IHT[R5lCTION VI~H THE [ASTrRlY RTGHT-Of-WA~"'NE or THE LAK( voalN DRAINAGE
OISIRICT CANAl [.4 AS DESCRIBED IN QUIT'ClAI~ OlrD T~lAIE VORIN ORAINA'(
0151RI(1 AIID RECORDED IN OffiCIAL RECoaos lOOK 2146, rACE 116. or TH[
PUILIC RECOROS Of rALK alACH COUNT'." flORIDA; lHEH(( S. lOt s.. 51- (..
ALONG SAID (AST RICHT-Of.WAY l1Nf1:A DISTANC[ or 650.68 f(ET: IH[NC( 5. 00.
14' I I. w. CONIINUING ALONG SAlu [AST RIGHT.OF-WAr LIMf. A DISIANCI or
191,92 '((T TO A rOINT Of INTERSECTION WITH SAID NOATH ll~( or WOOlIRIGHI
ROAD ORAIIIAGE RleHI-Of-VAY; T"[HCE N, as" 4S. lZ. (.. AlO~G SAID HaRTH
LIN(. A DISTANC[ Of 110.27 fEfl 10 lHE rOINr OF BEGINNING,
SAID lANDS SITUATE IN IOYNTON I(ACH. rAl" lEACH COUNrT. fLORIDA.
CONtAIHINe 7.0000 ACAES. HORE Ol LESS.
lilli OESCRIPTION: -TRACT 2"
. A PORTION OF SEeTlOtf 29.. TOWNSIIIP 45 SOUTII, RANGE 43 EAST. PAlH BEACH
COUNTY, FLORIDA AND A PORTia' OF "LAKE BOYNTON ESTATES PlAl J", AS
RECORDED IN PLAT BOOK 13. PACE 5J Of THE PUBLIC RECORDS or PALH BEACH
COUNTY. FLORIDA. AND 8EING HaRE PARTICULARLY DESCRIBEO AS rOLLOWS;
~
(
COMHENCING AI TIlE SOUIIIU$T CORtlER or SAID SECTlm 29. TOWNSHIP 45
SOUTH, RAHGE 43 EAST: THEHCE N, 01" 34' 16" W., ALOIIG lIlE EAST Ll/H OF
SAID SECTION 29. A DISTANCE or 730.64 fEET mn( SOUTIIEAST CORNER OF
lOT 4, BLOCK 47 OF SAID "lAKE BOYNTON ESTATES PLAT J" AND IH( POINT
or BEGINNING OF THIS DESCRIPTION: TIIENCE S. 88- 25' 44" W.. ALONG IH[
SOUTH LINE THEREOF, A DISTANCE OF 50.00 FtETj THENCE S. 01- 34' 16" E.
ALONG THE EAST LINE OF lOT 2t BLOCK 47 AHD LO.T $ BLOCK 48, A DI5TAHCl
Of 290.00 'UT TO THI IOUTHE"n COIIHER 0' SAID lOT 5& 'IICHc[ s, 88"
25' 44~ W, ALONG THE SOUTH liNE or SAID LOT 5, A DISTANC[ OF $0.00
FEET; THEHCE S, 01" 34' 16~ E. ALONG THE EAST lIHE or LOT I. BLOCK
48 AND LOT 6, BLOCK 53. A DISTANCE OF 250,98 rEET TO AN INTERS[CTION
WITH THE NORTH LINE OF THAT 70.00 FOOT DRAINAGE RIGHT-OF-WAY AS SHOWN
ON THE rlORIDA DEPARTHENT or TRANSPORTATlal RIGHT.OF-WAY HAP or 1-95
WOOLBRIGHT AVENUE) JOB NO. 93220-241 I, SHEET 1'10. 21. THErICE S. B9" "i0'
25- W., ALONG SAID NORTH RIGIIT-OF-WAY LINE A DISTANCE or 452.00 rEET.
THENCE 5, 77.31' 21" W. COltTlHUING ALONG SAID NORTlI' RIGHT-Dr-WAr
lIHE A DJSTAHC[ OF 386.16 FEET: THEHCE S. 85. 45' 32~ \l: CONTINUING
ALON~ 51010 NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 120.81 rEET~ TIIENCE
N. 01" JJ' 47" E. ALONG THE [AST LINE Of LOr 14, BLOCK 51 AND LOT 14,
23, BLOCK 50 OF SAID "LAKE BOYHTOH ESTATES PLAT J", A OISTANCE Of
438.Bl FEET 10 A POINT Of CURVAIURE AT TIlE. HORrllEASI CORNER or lOl 14
OF 5 A I Q B l 0 C K 50: TIlE N C E 1'10 R TIn, E S TE R LY A l 0 If G TilE ARC 0 r A CUR VET 0 TilE
LErT ~AVIHG A RADIUS OF 1830.00 FEET, A CEHTRAl ANGLE or 17" 38' 50",
AN ARC DISTANCE or S6J.64 rEOi TIIENCE I.. 8A" 26' IJ" E., A DISIANCE
OF' 57J.OI FEET 10 A POINT OF' CURVATURE' TlI[tICE ALONG TilE ARC or A
CURVE TO fHE RIGII' /lAVING A RADIUS 0' 1000.00 rUT. A CEHfAAl ANGLE or
10" U' OP, AN ARC DISTAtlC[ 0' 106.17 rUT 10 A POIHT or REHRS[
C.lJRVAJlJRE. TIIENCE ALONG THE ARC or ^ CURVE TO TilE LHT II^VIIIG A RADIUS
OF 1000.'00 fEET, A CENIRAl AIlGLE OF 10.42' 04", AN ARC DISTAIIC[ or
186.77 rEET TO A POINT or TAIlGEI/O: THENCE H. 88- 26' I]. E.. A
DISTANCE or 19J.30 r[ET TO A 1'01l/r Of' INtERSECTION WITII TlIE EAST L11/[
or SAID SECTIOH 29: TII(HCE S. 01"]4' 16" E. ALOIIC SAID EAsr L1HE A
OISTANCE OF 350.00 FHT TO JlIE POIHT OF BEGINNING.
SAIO I.AIIOS SITUAtE Itl BOYI/TOII BEACII. PALH BEACH COUNty, FlORIDA,
CONTAINING 21.8455 ACRES, MORE OR LESS.
'........,
SIJ'.lf'T 11 rAc,~Hr,'IT~ A/IO R!C,IfT',-or-\<'u Or f)~CORr,
,--
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY. CIVIL ACTION,
TRADEWINDS DEVELOPMENT CORP.,
a Florida corporation,
CASE NO. CL-86-3661 AE
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH, a
Florida Municipality
"
/
", '~'C\l"t(D
1(..... .~ 1 " J;., ,
Qel 30 d9
erN AnORN~
Defendant
JOSEPH MOLINA and LAKE BOYNTON
ESTATES HOMEOWNERS ASSOCIATION,
INC. ,
~
Crossplaintiff,
-
vs.
TRADEWINDS DEVELOPMENT CORP.,
by its agent, KERAN J. KILDAY,
and THE CITY OF BOYNTON BEACH,
Crossdefendants.
/
f",
STIPULATION AND ORDER BETWEEN THE PARTIES REGARDING
COMPLiANCE WITH COURT ORDERS
DATED OCTOBER 21, 1988, AND JANUARY 27, 1987
The parties, TRADEWINDS DEVELOPMENT CORP. and CITY OF
BOYNTON BEACH (hereinafter TRADEWINDS and CITY respectively),
have entered into the following stipulations relating to the
Court Orders dated October 21, 1988, and January 27, 1987, and
have agreed to the following, which the parties respectfully
request the Court to adopt and the Order which hereinafter
follows:
1. TRADEWINDS and CITY agree to fully comply with the Order
approving Stipulation and Settlement dated November 6, 1986
and Judge Rudnick's Order dated January 27, 1987.
,.
2. The parties recognize that the Department of community
Affair's
(DCA)
review
ot
amendments
to
the
1986
Comprehensive Plan would be advisory only.
3. In order to effectuate' compliance, the parties agree that
this Court amend the 1986 Comprehensive Plan of the City of
Boynton Beach nunc pro tunc so as to grandfather the
"Tradewinds Project" into the 1986 Comprehensive Plan. The
-
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
"Tradewinds project" will therefore be deemed vested as to
the Amended 1986 plan as set forth above, with all vested
rights (including but not limited to those impact fees and
traffic standards in effect as of November 6, 1986) as
....~
contemplated in the original Order approving settlement
~
dated November 6, 1986.
4. The CITY shall continue to proceed with due diligence to
rezone the PCD, and the City shall amend its 1989
Comprehensive plan on final adoption so as to make the
language in that plan at least consistent with the 1986
Comprehensive Plan as amended by this Court.
Oc~ober 3/ . .1989
Dated
ROBERT D. ON, ESQUIRE
SLAWSON N & CRITTON
Suite 30
712 U. S. Highway One
North Palm Beach, FL 33408
Attorneys for
THE CITY OF BOYNTON BEACH
F.
1665 Palm Beach
Suite 1000
West Palm Beach, FL 33401
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
AND
STEPHEN N. ZACK, ESQUIRE
ROBERT C. LEVINE, ESQUIRE
Courthouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
Attorneys tor
TRADEWINOS DEVELOPMENT CORP.
ORDER ON STIPULATION
THIS CASE came before the Court on the above Stipulation
dated Oct.ober
, 1989, and having heard argument of counsel and
being fully advised, it is hereby ORDER and ADJUDGED as follows:
1. The stipulation is hereby adopted and incorporated into this
Order in its entirety.
2
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 eCL) AE
2. The 1986 Comprehensive Plan of the CITY OF BOYNTON BEACH is
hereby amended as of November 6, 1986 DYnQ.~ tunc so as to
include and grandfather in the TRADEWINDS Project. The
TRADEWINDS Project is deemed to be fully vested as of
,,~
November 6, 1986 with all rights as of November 6, 1986,
including, but not limited to, those impact fees and traffic
standards applicable on November 6, 1986, so as to comply
with the Order approving settlement dated November 6, 1986.
3. The parties are directed to comply with all terms and
conditions set forth in this stipulation and adopted into
this Order and set forth in prior orders and stipulations,
except for any DCA re~iew.
4. The Court retains jurisdiction of this cause for such
further orders as may be required.
this
DONE and ORDERED in chambers in West Palm Beach, Florida
I
day of
: , 1989.
.
..~ I' ":1 . ,
ht ~ 9.': ~ I , .
'; r
C RCU~~,I~'I!~?~~~"""\ '.. r . ;
_ -",...;I" ___.. ~
),
"
3
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
SERVICE LIST
Tradewinds v. city of Boynton Beach
Case No. 86-3661 (CL) A
"-,
Raymond Rea, Esq., City Atty.
City of Boynton Beach
P. O. Box 31.0
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Stephen N. Zack, Esq.
Robert C. Levine, Esq.
CourtHouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
F. Martin Perry, Esq.
1665 Palm Beach Lakes Blvd.
suite 1000
West Palm Beach, FL 33401
r,
John Beranek, Esq.
501 South Flagler Drive, suite 503
West Palm Beach, FL 33401
Terrell K. Arline, Esq.
Prosperity Gardens - suite 204
11380 Prosperity Farms Road
Palm Beach Gardens, FL 33410
Joe Reiter, Esquire
Northbridge Centre - lOth Floor
515 N. Flagler Drive
West Palm Beach, FL 33401
':]', n1 ; dLa. ~ 'B Q1'lhfJf1f/, ~O
7("'J...VS ~T *.1-
~f'k '300
JJ Phi 1-<. 3"!olo{O~
'"
4
. '",
..~
" .'
iN rH~ L..'i~ - _~ LUUH I U" 1111.
l::iTH JUDIClh_ ClkCUl r, IN I.NIJ
FOR ~'ALM EtEACH CUUNTY, f- LUH lul4
.1
CASE NO: B~-Jbbl eCL) A
.
I,
FLURIO~ bAR NOz 005~1~
TR~~~WINOS DE~~LUPM~NT~
com,'wHAT ION, b'y 1 t. Age...t,
K~RAN J. KIl.DAY,
J:'l A i "It i f t ,
. ..
V~:
TH~ CIT~ OF ~OVNTON &EACH,
Deferld....t.
I
-~------------------~~-------
srIPULATIDN AND S~TTLEMENT AGREEMENT
TRAOEWINDS OEV~LO~MENT CORPORATION And THE CITY OF
ftQfNIUN Etl::ACH,
by and throunh thei~ undersigned Attorneys, Q'te~
s.ttl.Mv~t Approval by the City C~unc11 of lHE CITY OF DOYNTON
. ,
a;.l::~.CH, hlii,oeby .t 1 pu 1 at. ~...d .g,.... .. follows.
1.
TRAOEWINDS DEVELOPMENT .'CORPDUATION.
(herel na ft ..,'
r.
,0Qfe",-.d to .. ttTRADEWINOS") i. the develope." ,:,t' & pA,-cel .:'"
pr.:.pe,-ty 1,:,cAted in' thll t;ity"of Boynton 8e.ch, Flc.rid..
.,
.:..
In
.J .n.....'..Y,
1 '986,
TRAOEWINOS .ubMitted An
~ppl1c~t'~n to tho CITY OP ~OYNTON &EACH (h.reln.fter referred to
.s the "CITY") to r.:onft . pArcel of property froM R-1A (.I~glQ
'.,a.dl 1 y ,o..adent 1.1) Ar.d R-3 'mult 1-f.,"1 ly resid.r," i.l) t,:. i\
Pl.,a~ned Unit DevelopMent.
Thi. application .nd property .h~ll ~.
,".,re'-roed t.:. he'''.ln .. the "Woolb~igh' PlAce P.U.D. ".
3.
an M.t"ch 18,
1906, the CITY denied TRAD~WINDS
~ppllc~t'on to rR=O~. the "Woolbright Place P.U.D....
4. ~. A re.ult 0' the City'. deni.l, TAADEWINU~ flied
~ C':",lpli\lrlt f,:,,' W"lt .:of Ce.'tl,:,,"ari .gAir..t the CITY -:,n Ap,'il 1'/,
l~ac wh'~h is the 5YbJect Matter 0' this stipulAtIon.
~. In Addatlon, on April 1, 1986, TRADEWINDS .UbM.ttw~
.-.., ..ppllC.at a,:.n t,:. \;he CITY to r.z.:)ne a pA,'cel .:.f prop.,..ty ,,',:om H-
1 A I ~ H.C) 1 (l f &\"" 1 Y '0"1. uh.'rlt 1.1 ) .. R-3 C ",...1 t i -, ~,.u 1 y .'e.a der.t lld ,
.. ".-:1 ~ -.:.
<<,..., \,I1'b.:".t't.;..:.d C';''''hIO'-C''.')
t ':. A J:'1 . r.r.ed
C,:"",.." r'C . ~ I
D......l,:,J,.o..,.....t
0:'. Co D. ) .
Th'. p"o:,pe,oty arid appllcat I,:,r, .hall btl
,'cf.:?r"'C:" t.:, as th~ "W,=,,:,lb,olghl: C.:tr.te,' ~'.C.D. It.
EXHIBIT "All
I
I
I
;'
E:. . ~ 'l;j y
.)
T HHO(W 1 NU~ .! to'J r.,:...q~h t
..'
~'i,J J",J Ie", t I c,r"
this
. .
ch~r'4l.'
the Caty's C':"'IJII"E.'Il'H.o..:.aVIt l.nd '.lIilt pl.n.
1 r.
7. The W,:..:,lb'-I ght C~r.tllr- P. C. U. .ppl.1cat lc.n p,"og,..ssed
,
;,
th'-':".I.QIl thv Pl.r'I"'Lr.q ...,tJ l.:,r'lng Conu"i..10Y,. ilrld the v.ar-io'Ja b.j,lI"u
."
C.::.,.,5 1 der. t 1.::,1"1. nltc.ssa,-y '.' rid e,.. t h. C it y' .
o...d i I"..ar.ce.
Thll
....
WQ~lbr.lgnt Center P.C.D. .pplac.tion w.. ev.ntuAlly sch.dul.d f~r
far,C\! c,:,r.s 1 dw,.."t 1':'1", b..f,:,,". the Ci.ty COl.lncil c.n .July 14,' 1986..
8. At the c~ncly~~on of the h.....1ng on July 14, 1906.,
..
th~. City Council voted to postpone .nd t.ble con.ider.tion of the
W.:,,:.l b," 1 gh t C81",t e," P. C. D.
.pplic.tion until the litigation ~f the
~
W,:,,:.lbl"lght J:'l.ace J:'.U.O. .ppllc.tion ..... te,..nur,ated.
9. Subsequent thereto, on September 3, 1986, the Clty
t"")Rctud a cc~preh.nsive s.ttlement offer Made by TRADEWINDS to
thtt City.
TRAOEWINOS tre.ted the rejection of ita .ettlMMune
,jfte,. by the City C.:....r.cil .. . deni.l 0' the Woolbraght Cent.,.
p.e.D. .applicata~n and ~~ Sept.Mbe~ 19, 1~86, TRADEWINOS f~l.d .n
~d~'Caonal W~1' of Ce""tor~...i in ,~]. .ction '0 include th"
denial ~f the Woolbright Center p.e.D.
appl lcat ion.
an Oc:t,:.be,'
7,
1':idc.,
the CITY .ag.in con~idered the P.C.D.
appl1c..t iorl .\r".d
vot~~ J to a to deny it.
II).
Sub.eql.I.,.t
t he"et 0,
on October ~O,
1 StJc.,
TRHOEWINOS,
by
and
t h...j'Jgh it.
sub...~tt.d '
.. t t o'.I"..y,
.a
c.::,,",p,..her.si". .e'tle..,.r.t p"'~lpo...l to the city .ettlir,n all
watters an controv.rsy and litigation b.tw..n the City and
T AHOEW I NOS.
Th. .et t 1 e..,.r., p,.opo..I ..... cont a i ned in. I at t er.
dated August ao,
198E. 'ront F.
Martin Per...y,
at to,'r,.y tt':)'.
T~~DCWINOS DEVELOPMENT .CORPORATION,
to Kirk Friedland,
6psclal
Clty att,:,,"rley t'j THE CITY OF BOVNTON EtEACH.
A copy of said
JE:\.tt.o,. Cll':II"'Q wath the erlcl.:,'.......... th....cttc. is .attach.d hlweteo ~
EIChll.JLt "A" arId a" spec,f,c"lly inc:o'''p,:-rat.d het,.e&rl by ,..flll-.I".cu.
11. On or .bout Oc:to~e... ~1, 1~e6, the City Councal ot
TH~ ClfV OF &OVNTON GEACH held a reg~larly scheduled M..ting at
....h a eh to a hie It c:,:,rIS' d.,".d t he Get t l....en' p...e'p':.&a.l.
1"::.
H t t. h", I: t 1 ',Ie,
. Motion was Made to accapt
the
o:.et t J"",l",,..t p"r.'j.J':'~al ,,'5 ~..H f,:".th lr. the OCC,=,bet. '::':',
1 '3 U f:. 1 ,. t t W'
tIol':''''H wath thlf ti'd~at"~'r...,l '"VCl,.Ilr.etller.t th..'t thu tw..:, ':'I.lt-p~r'c'=tl~ Lt:
ar,cl'Ioed 1r, l,,(:O W':":'lbl'I{]'d Ll..r.tar" F='.C.O. -,r.d tholt th.y be l1fIIJtE.-tl
.:;
.~
, ./
":'t' '.IS. by a bar, rig
Institution and ~ qY~llty .it
d .:.... ~I
,.es t tllIJ,".r.t.
F'Jr..th.''', the IJse of the OtJt p."c~ 1 Ii ":0" a fa.t f.:..:..j
,'lfsti'IJ,".rlt Hlth drlv,,-lrl Hlnde,w. was RHp'".5s1y
,',
p'''O:,h 1 b 1 t ed .
.
A t ,"arISC,"l pt ,~f thft
part of the m..tlny dealing with thu
.~
S.ttl.M.nt prop~.al
IS attach.d her.to as ~Mhlblt "8" .r.d
lit
splPcif'IC~lly lnco,"p,:,rated he,".ln by r.t.r.nce.
'I.
13. The City Council by a 3 to ,vot. acc.pted thr
se t t 1 efllerlt
propos.l as sat forth in the pctober 20,
1'386 letter.
f,',:,,,, TkAOEWIND!::i .lorlQ wath the addition.l ....qull..."'.nt. that th~
two out-parc.ls be included in the p.e.D.
and that
they b(1
laMlted for u.. by a banking in.tttution and a quali~y .it down
,.... s t "" '.I t" .. r, t .
Fyrther, tho us. ot the out parc.l. for . '.st food
,
r.~t~ur~nt with drive-in window. w.. .Kpr..sly prohibited.
14. The Motion by the City Council to acc.pt th~
~.ttl.M.nt pr6po..l i'~ong wi~h the additional
,".qu I ".'I,....t.
concerning t~. two out-p.r~.l. Ha. in ....nc. a count.rotf.r of
set t lerr.,er,t,
,
The terM. of .aid count~ro".~ w.r. eKpre..ly agr.ed
t~ and accepted by TAAO~WINOS~through ~t. counsel At the October
'::1, Isae. r,u,etlr,g 'iI. evidenc'ed by the trar..cr-lpt ot ..id lI1eO'1:1"'9,'
15,
A. such, TAADEWINDS and the CITY her.by accept .nd
,.
"'gt.... to the t.,...,. ot the 1.tt.r- dated Octob... '::0,
1906 frorn F.
'-1..,,'t lfl ~'It..,..y t~ Kirk fo""ledland,
attach.d her.to AU EMhiblt
"AU I
.~ aMended by the Motion.
IE,. TRADEWINDS arid the CITV hereby accept and appt'ov.,
the Master plan attached to the above r.'erred letter and
identifted .s that certain m..t.r plan prepared by Kilday and
A.SOC1.t.. bear1na dr.~ing nYMber a~-34.
l..t r.vim.d on Octob~r
1'3, l~ae..
17. TRADEWINDS 5h.l1
be r.qu1r.d a~d agr... to ln~lYd.
"-
the two out-parcel. .nd t~ liMit
I r, t "h' \,.4,:..:, 1 bt'l"h t Carlt Itt.. F'. C. D.
tn.'t' '.1';. ,':',.. . bar,"ar,y ir.atitutic,r. arid. alt d,:own qu.laty
t'''. t ,A'.....r't.
I: I.U' t hOt" I
th. yae of the out p.rcQls for . t~~t f~~d
r"~!.tC\'.lf'arlt wl,th d'''lv''''lr, wlrld':,.w. ia h",t".by eMpt'1f5sly p,'':'habatetl.
18.
F,:.r" p,.It'p.;'.....,5 ':', c:l.r"lflc.tlOr'1 o1l',cj C:';'r',v'U'ller',CC:. l.he
(
I
t .,",IS
S.t f,:,,"t h I r'1 t hE' Oct. .:,bet" ':;1:',
1 '30'::' 1 et t e,' f rr."". F.
Mo.". t 1 r',
~'C""'Y ...... tJ.,r'l. 1:..aL.dl....r',"I, 11
... ..'. ..,,.,&1 "q.'.ed t,:, het'e'r'I, .ar"..,. ,,:, ,,:,w"!.:
3
\
, .
.
~.
-- ....L LoIi I Lti r
~'L~L:E. f:"'. tJ. u.
,hw "'.",lL'" pl~H.
.It t ~r.hCtJ rll~'''t."t,:. ..Hid Clpp,,,.:.veu by the pa,'t l.~ '"et lect.~
1 A total of 520 dH.ll1~g unils located ~~
.
8::;. 2~7e. ac,".s which eqp.ate. t,:- . gro.. density .1:" 6.0') dwell ir.Q
(
ur.1 t s P"" ACt'e.
0::. A detach.d ..il".gl. fa,ni ly houail".g tract
consistIng of 70 single family dHelling units,
.. .and pir..
.
.
P'''R~;.(~,ovat a ':'1"'. a.oaa ar.d a 3. 76 ac,.. c'p.n apace/pas. i v. rec,'.at i ,:,n
,u"ea w,"appad a.,,:,I..lr.d that p':lrt ion of La~.e .Boynt.:>n E.tates ....h lch
b,:,,'der-s the I".,:~,'th p,"c,p.,..ty 1 il"le of Tr.d....ind..
3. A 4.5 acre l.ke, aingle f.Mi1~ hOMe., and
c\ !>Clr.d plrl. p......t..v." lc.r. ",'.a .... H.1'l .a .. :;0 foe,t be''''''.d, 'anced
b,.ar'tR.. a...... between P.I,.. eeach Lei.'Jrevill. ."~n..s lYing adJ.c.nt
t.:. the S. W.
8th Str.et raght-of-....y and Tr.d....ind. p"op~sed
1.1 r. I t \1.
~. Jh. r.co~tiQur.tion of a.w. 8th Str.~t to
c..".ta .. T H'lt.t'.ectl,:.r. wathin the P"U.D.
:5.
,
The MUlti-f.Mily hou.ing,
which will be
1 If.ll t",d t'j tw,:o ar.d th,'ee ..t,:.t"y condoMiniunls,
is .Ybst~ntl~lly
s.p~r~ted by ~I~gl. 'aMlly h~M.. frOM the .ingle f.Mily hom.. 11"'1
LeaSl....evlll. and L.~,. (fl:OYl"lt,;,n E.t.t...
Et.
INDUSTRIAL ACCESS ROAD AND NEW
RAILWAY
CHO~'.ilNG:
The Industri.1 .cc... ro.d .nd new rallway cro..~ng
sh'" 1 1
b.
loc.ted
a. recoMMend.d by
TradlfWlnda
tra"IC:
c:: ':. '" .. '.' 1 t .. r. t . ,
Myrray-Ouduck and A..ociate. and (farton-AschM~n &
A..o:.c: a.t .,s,
a. reflect.d on the .ttach.d ma.ter plan.
The
".11,',:.ad c,',:.ssirlg at Ocean Dr'iv. shall b. closed.
TRADEWINOS
Shall wlthdr-aw Its ~bJecti~ns to Mrs.
Winch..ter'. c:oMprehunG1V~
P L &\'" a,.Ier.dr.lltr.t ~ppl ic.at i,:,.... f,:,t, the road And the c,.ossing.
C.
WOOLftR I Gt..., CENTER P. C. D. I
There .ha 11 be "')
t,:.t..,l ,:.f 1':3'3, (..:11) sq'.ICI.'e feet cl:.nsi.t i....g of 173,1:J01) squ.r. f..t ,:',
..~t. ~, 1 Clrld .::e., I:":":' sq..,..,. f..t c., o'fl(:e park.
Th i. ".p"IIGRr.t r,
l'J'). ':".11:' sq.,..,. feat ,:,,' ~'. C. D.
on a~.~4 Acres ....h~ch eqY.te~ t~
1~.4~ Gatu covv"~ge.
.
.
D.
CON~JTJON~ OF A~~ROVRL OF p.e.D. .a....~ P.U.~":
1. rllADEWlNDS .h.all be b':"Jr.d ,:,....ly by thE:
$, 100./.
:...I~rl ~l..t:r.'l C~':'r'."c.J,'.' Har:H"""'Y Rltq'..,,'er,ler,t5, Faa,,, Shiuoe ("Ip~ct
4
.~.
~ . "
-
...J
~.~~
ar.d C.:,r.c:l'J51.:.r,~ <;.t.t. ;,:,,'th c.n pag.. 25-2ti lr,cl'JS1V. .;.f
th~
T,' ~ ,; r 1 c
IrtlpACt Ar,.ly~lS kep.:.t't .,n the .jver.ll W'=":llb'''lQht R,jl&d
(
s. w.
8th ~tr..,t J:"":'Js'cts p,'ep.,'.d or. Apt'll 1,
1986 by O.ani.l N.
M I.U" ,'''y,
P. E...
41l'''ld ~(1 ,:,th.,' applicable e:,,'dU'IA"'C:.~ of the City .:.f
'.
e.,:.yr.t.;,r, e.."c:h ,'.l"t irlg t,:, the de"elc:'p,,,.r,t e.f the alt..
2. This stipulation And a.ttlem..t agr.eM.~t
..h ~ 1 1
be SYbJ.ct o~ly t~ the conditions
in the Murray-Dudeck
"e:p':'" t
as deacrtbed herein,
and all oth.r appllcabl. ordinancen
~f the City for d.v.1opMe~t of the .ite.
In this latter rvspect,
.
Tr~dewlnds acknowledge. that the City cannot bind PalM Beach
Coynty a. to It. Fair Shar. Tra"ic IMpAct F.. Ordinance And th~t
T,'~LJ"wlr.da ~h.ll
b. sYbJect to the CoYnty'~ IMpleM.ntatlon or
t h"" t ,:,,'d 1 ria rice.
J.
Th. City agre.. to .uppleMent
.. rlcJ /0:.,.
,:\"lIuld the City'. COl,.p,'vhen.iv. Pl.n A"..nd".ent. ~nd evalu..t I.;:.r. oalrllj
app,',al.al
repo,..t
which have
;,
b.e~ .ent ,to the DepartMent
of
COMMYnlty Affai,'. with appropri.t. d~cumentation to reflect the
~greeMe~t. cont.~plated herein.
'.
.It. To the e"'ent. that: o,"dinance. ....y t'I.
t'.q I.l L ,'.d
to iMpleMent 4ny of the.. actions,
the City agru.a to
pr'epa,'., .r,d
adopt any and all ordinance. nece...ry to iMpleM.~t
the te"l"S ':', thl. .ettl.,.lent.
E. The partie. agre. to s..k an Order frOM tho
C,;" It' t
con'lrMi~g and ratifying the agr.em.nt.
The Cou...t .h.ll
,'et.aar.
JYri.dietlo~ ~v.r this matter and the partie. to insure
thAt:
bO'h pArtle~ adhftr. to the terM. of this .tipulation and
settleMent agreeMent.
F.
TradeWlnd. agr... that It Will.
"
1. Reimbur.e the City for any and ~ll
li't t ':,,'rlfty.
fee. and ."p.~~.. It ha. 1ncurred In conjunction with
th'" per,cJlr.g l&t1g03t:l':'.... w.thin 'an Cl')) d,ays 0' the ,..c:eipt cd' .'"
''',v,:,.ee SI"b..q'.l.,r,t t,:, the .2\P....c'v.l of the F'.U.O.
.. cor,t ell'p 1., t ud
h",,~, r,.
f
.'
-.
DellV.'" il full Arid c"','p1ete .'.lRase fl.':''''
TI'~c1e...,. r,ds,
Its ,:.ffIC~t"S,
d I '..ct ~"'s,
~ t '~c~h,:, 1de.'s,
e,.lp 1.:')'e'~'S
~r'CJ/':'I"
Clgor,ts Clr.d '.',..pl....~....',t at LVlta as t.:, arl)' ar.O all
act a ,:,r,~ ,;.,'
C'
...J
,.
, ....-
o _ .~...
.:. t
.
c\'" ~ a ,:.r.
wh a eta \ t ,:.r t hIP)' ""'>' ....l...
.g"lr..t
the
L al y
t t '-flca"'!"" "",'1pl,:>y.lts, c.:>n1i1.altarlta .rld/~"" aq~r.t!;.
.,,0/,:,.' .arlY .:' as.... . &.,....
(
a r a !o 1 r'!J ~, '.1 t ~. t the 1='. U. 0,.
,
t.:. uil! City 'Jpor. T,'agl!Wlrlds ,'eceipt ~,f thlf ,'eq!Jisite eKec1.lted
a pp 11 c. t i c:'nti.
Th i Ii aha 1 I be d.l i ve,oed
.~
,:"odu',.r.ces .:,f app.-,:,val' arid sit. pl.a-rJ app....ov.l
i r. cor. f .;,.rlll it y
he,.tfwlth.
The
,,'.l.ases &hall be held
in .scrow by the
-.""Id Q ,. '5 1 g r.e d
.a rid
delivered to thm City in accordance
with
.'
thiS
p.-,:,,, 1 ... 1 ':',...
A p,.,:.p,;:,sed r':'J",' 1'4 attached h....to as t:::Hhlbit "C",
3. Oeliv.r.. full and cOMpl.te rel.asu troM
r,.ClC CW 1 r.d5.
its office..'s,
d it'.ctor'.,
stockholders:
e,.lp 1,:,y,Jt!!i
.r.d/,:.,' agorlts arid ....pr....nt.t tv.. .. to arlY and all act ion. ':',..
C:.Y5.~ of acti~n which it or they May have againat the City
~n~/~r .any of ,ts offiC:lal., .Mployee.. consultants and/o~ agentL
.at' a 5 a r.g ':".It P. C. D.
.appll.cat ion..
This .hall b. d.llv.red to the
City ypon Trad.winds r.C:~lpt of the requi.tte vMec:yted ord&~~nc:..
,:,r 03pp"':,v.1 .nd .ite pl.... .pprl~val in conforh1ity her...nth. The
(j . ..
t-ale.'5. sh.all b. held In ..crow by th~'unde~signed and deliv.r.d
to the City in aecordanc. with this provision.
A p~.;,pos.d f.:,;'r.J
.
15 Clotti'ched heret.;" as ENhlbiS; no".
G. The .pp~ov.ls c:o~teMpl.ted herein.a to lh.
C,:".1p.oeherISl". Plan An1end".ent And the P. C. D. shall b. aub.ject e;,nly
to tho 5ycc...ful review of .the Compreh.nsive Plan Amendments by
th~ OopartMent 0' C~MMunlty Af'airs.
''.It.~ Fr,edl.r,d, Eaq'.llre
At t ':' ,0 rl.Y f' Ot' O. f .rld ."" ,
Tn. Clty of eoynton ~e.ch
Fl~gl.r Center, 5u~te ~O~
5':'1 ~':".I t h Fl. iii 1.... D,.., v. .
W.st ~.lM ~..Ch. ~L 33~Ol
F. Martin Pe~~y & AS.Qc.. P.A.
Co-Coun..l 'or Plaint if',
T~ad.wind. DevelopMent Corp.
~l~ North Flagler Drive
Sui'. 101, Nopthbpidg_ C.n',..e
W..t PalM e..cht FL 33~Ol
&;v ,\ ~L~!.L~_~i!.J.\~~__
~l~K FRIEOLANO.~SCUlk~
arid
--........
t
Klein & &erane~, P.A.
At' c.,on.,ys ',:.r ~'l.. i r.t S. , (',
Tr.d.w~nd. De".lopMQnt Co~p.
Flagle~ C.nte..., Suite 5u3
:501 S.:,uth F l.g Ie.. 0,"1 ve
W.st Pal,,, ~..ch, FL 33ltUl
Ilv&..L_~1M~L_
tOHN ~ERANEK. (~UUIHE
. '
G'
J
(
TRADEWINDS DEVELOPMENT I
COR~ORRTION, by ita agent,
KERAN .J. KIL.DA.Y, '..
.'
IN THE ~IRCUIT COURT OF THE
l~TH JUDICIAL CIRCUIT, IN AND
FOR PALM &EACH COUNTY, FLORIDA
CASE NO. 86-3661 eCL) A
-z...
-,-~-
, , \
Pi.. i nt i " .
Q
.... "
..~c
~~r;
:r, (:"\.:::
."~~
~-:'c:J
.. -" .
- :. <<::::J
~ I: -::::
:.,.' .....~:
;:. .~~
.; n n,
.. ;;
-.,
~
'"
...
,
v..
-.
ORDER APPROVING SETTLEMENT AGREEMENT
Q:)
oCA.#
""
~
---
.r:ij
~
-'...
-.
THE CITY OF BOVNTON ~EACH.
., .
Defend.nt.
, ' I
-~----------------------------
.
THIS CAUSE C.M. on to be h.ard on the Joint Motion for
.
O....d.....
Approving S.ttlement Agre.M.nt fil.d by
TRADEWINDS
DEVELO~MENT CORPORATION and THE CITV OF BOYNTON 8EACH, and .ft.r
considering ..id Motion, the Stipulation and Settlem.nt Agr..Ment
filed he~.in, .nd th. p.....ti.. having agr..d he~.to, 1t ia
.
ORDERED and ADJUDGED.
1. That the S.ttl.m.nt Agr..m.n' .nt......d into b.tw..~
the 5=' 1 . i nt iff,
TRADEWINDS DEVELOPMENT CORPORATION, .nd the
-
O.fandant, THE CITY OF BOYNTON BEACH,
is her.by .pp....ov.d,
~
confirM.d .nd ratifi.d. A copy of the Stipulation and S.ttlement
Agr.eMent is attach.d h......to .s EMhibit "1" and i. sp.cifically
~nco....p~~.t.d in this O....d.r by .....f.r.nc..
a. Th. Plal~ti'f. TRADEWINDS DEVELOPMENT CCR~ORATI0N,
.nd the Defend.nt, THE CITY OF BOYNTON BEACH, are h......by ord.,..d
to c~Mply w1th the Settl.ment Ag......m.n'.
3.
Thi.
Court
retain. Jurisdiction
0'
thave
proceedings ~nd th.' part i.. to entoree the term. 0' the
Settlement Agr..m.n~..
achy
___I
1986.
.
....GIIZ
(
Coples fyrnlsheda
Klrk Frl.dl.nd, E.qu~~e
S~ll S~I..th Fl.gle,. Drav.,
5..1' t. :'v:!i. F 1.g Ie.... Cltrlt c.','
~~st ~.lM &a.ch, FL. ~~401
F. M.rta" Perry & AS~OC1.t.S
or lor'
~ ~ North Fl.gler Drive
S'Jltv 7VI. Northb,.ldy,-' C~l"ltr.
~..t ~.lm &..Ch, FL. 334Ul
.John EI.,.a....ek"
Kie;.n " e.....ane
501 South Fl.g a.... Orive
Suat. 503, Fl.gler Cente....
West p.lm ~..ch, FL 33~ul
P. A.
d- 0)-(\ ~.
EXHIBIT "s"
.
, '
:',,~
(
.
;
IN THE CIRCUIT COURT OF THE FIFTEENTH
JlIIH CIAL CUtCUn OF FLORIDA. IN ANU FOR
PAUl BEACII COUNTY.
CASE NO. 86-3661 CCL) A
..
;,
TRADEWINUS DEVELOPMENT CORP.,
by lti ag~nt, KIERAN J. KILDAY.
'0
Plaintiff .
V6.
..
THE CITY OF BOYNTON BEACH.
Defendant.
I
ORDER
Thi. cau.. cam. on for con.id.ration upon the r.titlon.r's Hotion to
Comp.l Complianc. with Settlem.nt Agr....nt and the Court consid.rina the
evid.nc. adduc.d, h.aring argument of couna.l and b.ing fully advised in the
premis.s and noting that the instant proc..dinls have not been stay.d although
there is pr.s.ntly an app.al p.ndinl in tb. Fourth DiMtrict Court of Appval,
. .
it is th.r.upon
("i
CONSIDERED, ORDERED AND ADJUDGED that the Court aranta tb. Hotion to
Comp.l Comrlianc. with S.ttlem.nt Aar....nt ~de by the P.tition.rs. The
D.fenda~t City .hall proc..d with the r.-zonini proc.s. pursuant to the
Stipulation of the parti.s and shall adopt ordinances relative to the Planned
Unit Dev.lopment in confor.ity with the Settle.ent Alreement. The ordinances
shall b. Icb.dul.d for r.adina as required by City Charter forthwith. The
City of Boynton B.ach shall file the Comprehensive Plan Am.ndm.nt re.arding
thv relevant portion of thv Plann.d Comm.rcial Developmenc no lac.r than thirty
(30) days from the date of this Order utilizlna the docum.ntation the PetltlQne~
provide. within that time period. The Court not.. that the Depart..nc of
Community Affairs may have its own demands which. if not complied with. may
"'-
prohibit the Defendant City from proceeding to ultimate conclusion 1n its
re-zonina proces.. Should the Department of Community Affairs indlcate lts
approval of thu ComprehenJ;Sve Plan Amendment. the City shall then adopt
ordinances relative to the Planned Commercial Development in conformity with
thw S~ttlem~nt Agreement. The ord1nanc~. shall bw scheduled Cor readinA a~
(
rl.:quirwd h)' llur C:h)' Ch.II".'.. IH th:u tim~. 24t-,J ,.n tlh Sl.ttJ.,';;,"f1t ,\.:rl.LI:.".nc..
to r~quir~ Plaintiff to submit to new hearings and nc~ voc1n~ procedures
~1'1'T('\'in~ th, lIpl,Ji(,"lJ,'II:, ...,Idt,.. '""L"r,' th,: sub,\('c:t ,,( lln.. S"olt)c!nIL'nt ^l'h'('n"'lll
w,.uld rL'ndu it mL'&Jn1nt;1~5~. Th,,' Cit)' 6hitll. then-for!.:. comply !orth...'llt. with
EXHIBIT "e"
,~..~
, ..
(
,
,.
all .rema1nin, terma 01 bh. Settlem.nt Agreement.
DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, chi a
,),7
'.
~
day of
, 1987.
~au9~n 31. ~tubl1iJ:h
CIRCUIT JUDGE
Cop1va furnished:
.
Kirk Friedland, Esq., SOl S. Flaglar Drive,' Suite 50S, W.at Palm Beach, Fl. 3340l
F. Harcin Parry, Eaq., SlS N. Flaaler Drive, Suite 101, W.at Palm. Beach, Fl. 334(
John Beran.k, Eaq., 501 S. Fla.ler Drive, Suite S03, W.at ral. Beach, Fl. 33401
T.rr.ll K. Arlin., Eaq., 32~ Cl...ti. SC~.et, Suit. B, W.aC Palm B.ach, Fl. 33401
.
Loui. L. Williama, Eaq., P~O. Box 3887. W.at Palm B..ch, Fl. 33402
'. \
.
(',
/
''"'
!
----:--' .
I
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1989
,
Appellee.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
~
CITY OF BOYNTON BEACH,
a Florida municipality,
JOSEPH MOLINA and LAKE
BOYNTON ESTATES HOMEOWNERS
ASSOCIATION, INC.,
NOT PINAL UNTIL TIME bXPlRES
TO PILE REHEARING MonON
AND. IP FILED. DISPOSED op,
Appellants,
v.
CASE NOS. 88-3097
and 89-0503.
TRADEWINDS DEVELOFMENT
CORP., a Florida corp.,
f.
Decision filed June 7, 1989
Consolidated appeals of a non-
final order from the Circuit Court
for Palm Beach County; Edward
Rodgers, Judge.
Fred W. Mattl!n, Gregg W. McClosky
and David M. Beckerman of Mattlin,
McClosky & North, Boca Raton, for
Appellant-City of Boynton Beach.
Terrell K. Arline of Terrell K.
Arline, P.A., Palm Beach Gardens,
for Appellants-Joseph Molina and
Lake Boynton Estates Homeowners
Association, Inc.
Stephen N. Zack of Floyd Pearson
Richman Greer Weil Zack &
Brumbaugh, P.A., Miami, F. Martin
Perry, West Palm Beach, and John
Beranek of Klein, Beranek & Walsh,
P.A., West Palm Beach, for appellee.
"
('""i'~
""t'
-, . .. , ~
\j....", ;Jb~ .((./"
,," \:........
~~.\
:~~,
.........
,
PER CURIAM.
( AFFIRMED.
~.i
\,
.,
HERSEY, C.J., GLICKSTEIN and DELL, JJ., concur.
-2-
l~\\Ol~~(,I\1 (j)(t\(f
z. '0 J) l\ P
~l
ORDINANCE NO. 89-18
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BE~CH, FLORID~,
AMENDING ORDINANCE NO. 80-19 OF S~ID
CITY PURSUANT TO AN ORDER OF THE CIRCUIT
COURT OF THE FIFTEENTH JUDICI~L CIRCUIT
BY REZONING SEVERAL PARCELS OF LAND
WITHIN THE CITY OF BOYNTON BE~CH,
FLORID~, FROM R-1-A (SINGLE-FAMILY
RESIDENTI~L DISTRICT), R-3
(MULTIPLE-FAMILY DWELLING DISTRICT), AND
REC (RECRE~TION DISTRICT) TO PLANNED
UNIT DINELOPMENT WITH ~ LAND USE
INTENSITY OF 5.0 (PUD LUI 5.0), SAID
PARCELS BEING MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING THE REVISED
ZONING MAP ACCORDINGLY; PROVIDING THAT
ALL DEVELOPMENT OF SAID PROPERTY SH~LL
PROCEED IN STRICT COMPLIANCE WITH THE
DEVELOPMENT PLANS ~S SUBMITTED AND
APPROVED AND ~LL APPLICABLE ORDINANCES
OF THE CITY OF BOYNTON BEACH, FLORIDA;
PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE; AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Conunission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19
,...
in which a revised zoning map was adopted for said City and;
....
WHEREAS, Kieran J. Kilday, as agent for the applicant,
Tradewinds Development Corp., d/b/a TRAD.EWINDS GROUP, and
the owners of the subject parcels, has heretofore filed a
....
Petition with the City of Boynton Beach, Florida pursuant to
section 9 of Appendix A-Zoning of the Code of Ordinances,
City of Boynton Beach, Florida for the purpose of rezoning
certain parcels of land consisting of approximately 86.6191
acres (;!:) located within the municipal limits of said City,
said property being more particularly described hereinafter,
from R-1-A (Single Family Residential District), R-3
(Multiple-Family Dwelling District) and REC (Recreation
District) to Planned Unit Development with a Land Use
Intensity of 5.0 (PUD LUI 5.0); and
WHEREAS, the City conunission entered into a Stipulation
and Settlement Agreement which was approved by Judge
Rudnick I S Order Approving Settlement Agreement on November
6, 1986, and subject to a further Order by Judge Rudnick on
January 27, 1987, and subject also to a Mandate and Opinion
~
~)
""'
by the appropriate departments of the City government in
accordance, ..wi th the Ordinances of the City of Boynton Beach,
and the site plans shall also be subject to revie'tl with
respect to subdivision, platting, building permitting, and
any or. all applicable rules and regulations O~ dny
governmental
entity
having
jurisdiction
over
land
development and building permitting within the City of
Boynton Beach.
Section 4:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
(
Section 5:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 6:
This Ordinance shall become effective
c
immediately upon. passage.
FIRST READING this. ~ day of ~t.LH e.- , 1989.
SECOND READING and FINAL PASSAGE this~J~day of
d (.t, VI e- , 1989.
c
CITY OF BOYNTON BEACH, FLORIDA
>//~
//~~ {C______
f;ayor
...
(
(
Commissioner
ATTEST: L
--.&~ .,#~
City erk
(SEAL)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
...r
"",
ORDINANCE NO. 90-~O
1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO 80-19 OF SAID CITY
BY REZONING A CERTAIN PARCEL OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA FROM PUD LUI 5.0 (PLANNED UNIT
DEVELOPMENT) TO PCD (PLANNED COMMERCIAL
DEVELOPMENT) SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
2
3
4
5
6
7
8
9
WHEREAS, the City Commission of the city of Boynton Beach,
Florida, has heretofore adopted Ordinance No. 80-19, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS,
KILDAY
& ASSOCIATES,
agent
for TRADEWINDS
DEVELOPMENT CORPORATION, property owner, has heretofore filed a
Petition with the City of Boynton Beach, Florida, pursuant to
Section 9 of Appendix A-Zoning, of the Code of Ordinances, City
of Boynton Beach, Florida, for the purpose of rezoning a certain
parcel of land consisting of approximately 5.1871 acres located
within the municipal limits of said city, said property being
more particularly described hereinafter, from PUD LUI 5.0
(Planned
Unit
Commercial
Development)
PCD
(Planned
to
Development); and
WHEREAS, Ordinance 89-38, which is the Comprehensive Plan
for the City of Boynton Beach, shows the property in the Local
Retail Commercial land use category, and section 163.3202 (1) ,
Florida Statutes, requires that the City'S land development
regulations be amended in order to bring these regulations into
compliance with the Comprehensive Plan; and
WHEREAS, the City commission has heretofore entered into a
29
Stipulation and Settlement Agreement in Palm Beach Circuit Court,
which requires in part rezoning of the property; and
31
WHEREAS, the City commission deems it in the best interests
32
33
of the inhabitants of said City to amend the aforesaid Revised
Zoning Map .. herein.teer set forth.
34
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
.//
Section 1:
The following described land, located in the
1
City of Boynton Beach, Florida, to-wit:
2
See Exhibit "A"
3
be and the same is hereby rezoned PCD (Planned Commercial
4
Development).
5
Section 2:
That the aforesaid Revised Zoning Map of the
6
City shall be amended accordingly.
7
Section 3:
All ordinances or parts of ordinances in
8
conflict herewith are hereby repealed.
9
section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5:
This
Ordinance
become
effective
shall
immediately upon passage.
FIRST READING this ~rd.. day of
~
~~V
, 1990.
SECOND,
~
o aLJI "
and PASSAGE this
/7rk-day
of
FINAL READING
, 1990.
-- /
/.- /
CI~;tTON
EACH, FLORIDA
,
t,
Mayor
--,;;/ / U
Vice Mayor
j :......-""Ji:;,>. - "-
r
~G~~
Commiss1oner
. ,
/-
,I', .
1.___.L.i, ./!--(.XL
I
/' .
#7./ . I, /,. .
l. (, ../.I..L.....-4- ;,':" ....,_J_~7 ....-..:.,'"\
Commissioner
ATTEST:
~WC~
CITY CLE
(CORPORATE SEAL)
32
33 P\B
ORDINAN3
34
,
,'.
...-::
DESCRIPTION:
A parcel bf lan~ situate in s~ction 29, Township 45 South, Range 43 East, palm Beach County,
Florida, more particularly described as follows:
COMMENCING at the Southeast corner of said Section 29; thence N. 010 34' 16" w. along the East
line of said Section 29, a distance of 1080.64 feet to the POINT OF BEGINNING; thence S. 080 26'
13' W., a distance of 193.31 feet to a point of curvature; thence Westerly along the arC of a
circular curve to the right having a radius of 1,000.00 feet, a central angle of 100 42' 03", an
arc length of 186.77 feet to a point of reverse curvature; thcn~c continue Westerly along Ule arc
of a circular curve to the left having a radius of 1000.00 feet, a central angle of 100 42' 03",
an arc length of 186,77 feet to a point of tangency; thence S. 86026' 13" H., a distance of
550.21 feet to a point on curve; thence Northwesterly along the arc of a circular curve to the
left whose radius point bears S. 710 00' 14" W. having a radius of 1851,74 feet, a central angle
of 00 12' 51", an arc distance of 6.92 feet to a point of reverse curvature; thence continue
Northwesterly along the arc of a circular curve to the right having a radius of 1438.26 feet, a
central angle of 50 57' 04", an arc distance of 149.39 feet~ thence N. 370 35' 20" E., a distance
of 46.53 feet; thence N, 880 26' 13" E., a distance of 1125.37 feet to a point of intersection
with the East line of said Section 29~ thence S. 010 34' 16" E. along said East line, a distance
of 221.91 feet to the POINT OF BEGINNING.
Said lands situate in the city of Boynton Beach, Palm Beach County, Florida.
Containing 5.1871 Acres, more or less.
Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-way of Record.
E>t-llllibrr A
tO~. 90 -.;{CJ
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 6, 1996
Motion
Commissioner Bradley moved to approve Proposed Resolution No. R96-118:
Commissioner Tillman seconded the motion, which carried 5-0.
5. Michael Morton presentation - Woolbright Place PUD, Master Plan
Modification
Mr. Morton said he conferred with another land planner after the last meeting and came
up with the following: The 25 foot landscape buffer which was desired by the residents of
Lake Boynton Estates and the Commission was maintained, and the 12 foot utility
easement was included in the 25 foot buffer. He said Pete Mazzella agreed that the utility
easement could be kept within the buffer. Only certain types of landscape materials can
be planted in the easement, such as Palm trees rather than Live Oak.
Mr. Morton said there are seven lots in one particular row of lots which are 42 feet wide,
but only 95 feet deep. Therefore, in this row, there is only 3,890 square feet as opposed
to 4,000 square feet. The rest of the lots are a minimum of 42 by 100.
The amenities were moved away from Lake Boynton Estates and put in the center of the
project. Kennedy Homes decided to pay the recreation fee in lieu of providing recreation.
However, they still put in a small pool (30 by 50) and a 1 ,500 square foot cabana area for
marketing purposes.
The minimum number of parking spaces has been provided, Mr. Morton said the
ordinance might call for one or two more spaces; however, he has not been able to
squeeze them in.
With regard to the landscape buffer, Florida Power & Light has a 5 foot easement that runs
on the north side of the property, 2 1/2 feet into Lake Boynton Estates and 2 1/2 feet into
the property in question, There are certain landscape requirements on how you can build
in an FP&L overhead power area, There are certain types of trees that cannot be planted
anywhere within 30 to 60 feet of FP&L power lines.
This plan includes a 40 foot street right-of-way with sidewalks on both sides of the street.
There is a note on the plan that indicates no landscaping in the utility area, but this needs
to be changed based on conversations with Pete Mazzella,
16
t
~~I. CONSENT AGENDA
C,9
cc: Util, Dev. Plan
MEMORANDUM
August 2, 1996
TO:
Honorable Mayor and City Commission
FROM:
RE:
James A. Cherof, City Attorney
Proposed Resolution - Shoppes of Woolbright Place
Right-of-Way Abandonment
/(9? -//~
Pursuant to a Settlement Agreement entered into between the City of Boynton
Beach and Howard Scharlin, Trustee for Woolbright Place, etc., in May, 1995, this parcel
was to be abandoned. Attached at this time is a Right of Way Abandonment document
which will accomplish this.
JAC/ral
Ene.
-:::
RESOLUTION NO. R96- J 1)-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ABANDONMENT OF A 30' RIGHT -OF-
WAY ON PURPLE HEART WAY PURSUANT TO
SETTLEMENT AGREEMENT ENTERED INTO BElWEEN
THE CITY OF BOYNTON BEACH AND HOWARD
SCHARLlN, TRUSTEE FOR WOOLBRIGHT PLACE,
JOINT VENTURE BY RESOLUTION R95-65; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution No. R95-65 , the City of Boynton Beach entered into
a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, (SCHARLlN) which Agreement provided for the abandonment of the
southernmost 30' of the industrial road right-of-way by the City to SCHARLlN;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Right-of-Way Abandonment for the southerly 30' of the right-of-way, located
on Purple Heart Way, more particularly described in Exhibit "A", attached hereto and
made a part hereof.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of August,1991.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
Auth.., ,..
ab.ndomentllAOW
Sch."in~lIIle
...
Thi. in.trwMDt va. prepared by.
Bovard R. Scharlin, S,q.
Scharlin, LAD.etta, Cohen, Cobb , Sbin
1399 S.W. rir.t Avenue, '400
Miami, FL 33130
R9t -/I~
RIGHT-OF-WAY ABANDONMENT
THIS INSTRUMENT, vacatinq a portion of riqht-of-way qiven by
the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"CITY"), on this
day of
, 1996 at Boynton Beach,
Florida sayinq thereupon:
WHEREAs, the developers of Woolbriqht Place Plat No. l,
accordinq to the Plat thereof, recorded in Plat Book 67, paqe 47
through 49 of the Public Records of Palm Beach County, Florida
includes dedication of a road way identified on said Plat as Tract
"A" with the Street name of Morton's Way (the "Subject Road Riqht-
of-Way); and
WHEREAS~ by resolution duly enacted by the CITY at a properly
-
constituted meeting of the City Council, Resolution No. 95-65, the
CITY resolved to vacate the Southerly 30' of the Subject Road
Riqht-of-Way which is more specifically described as follows:
A portion of Tract "A" (also known as Horton's Way),
WOOLBRIGHT PLACE PLAT 1, accordinq to the 'Plat thereof as
recorded in Plat book 67, paqes 47 through 49, of the
Public Record. of Palm Beach County, Florida, more
particularly described as follows:
COMMBHCING at the Southeast corner of Tract "E", SHOPPES
OF WOOLBRIGHT P.C.D., accordinq to the Plat thereof
recorded in Plat Book 65, paqes 137 and 138, Public
Records of Palm Beach County, Florida; thence
N01-34'16"W, 571.91 feet to the Northeast corner of said
Tract "E" , and the POINT OF BEGINNING, thence
S88-26'13"W,alonq the North boundary of said Tract "E",
1125.37 feet to a point on the East boundary ot Tract
"A", (also known as: S.W. 8th Street), SHOPPES OF
WOOLBRIGHT P.C.D.; thence S37-35'20"W, alonq said East
boundary, 46.53 teet to a point on the arc ot a non-
tangent curve, concave to the Northeast, (radial line ~o
said point bears S76 - ~4' 26"W) ; thence Northwesterly alonq
the arc ot said curve, havinq a radius ot 1438.26 feet,
a central anqle of 01-13'04" arJan arc distance of 30.57
feet; thence N37-35'20"E, 46.53 feet to a point on a line
30.00 feet North of and parallel with the North boundary
of said Tract "E"; t~e e NSS-26'13"E, along said
parallel line, 1131.24 .~t to a point on the East
boundary of said Tract t~ thence SOl- 34116"E, alonq
said East boundary, 30. 00 feet to the POINT OF BEGINNING.
Said lands lyinq and situate in the City of Boynton
Beach, Palm Beach County, Florida.
NOW, THEREFORE, after due consideration by the City Council
with a quorum present, and in implementation of the said resolution
to vacate a portion of the Subj ect Road Right-of-Way, the CITY
acting by its duly constituted officers does hereby vacate the
Southerly 30' of the subject Road Right-of-Way. In vacating the
southerly 30' of the Subject Road Right-of-Way, that vacated
portion of the right-of-way, without further action by any party,
becomes-the Northerly 30' of Tract E of the Shoppes of Hoolbright
P.C.D., according to the Plat thereof, as recorded in Plat Book 65,
Pages 137 and 138, of the Public Records of Palm Beach County,
Florida.
IN WITNESS WHEREOF, this instrument is executed by the Mayor
of the City of Boynton Beach and the Mayor's signature is attested
by the City Clerk and the corporate seal of the CITY is affixed.
THE CITY OF BOYNTON BEACH
By:
ATTEST:
CITY CLERK
(CITY SEAL)
STATE OP PLORIDA
COUNTY OF PAUl BBACH
The foregoing instrument was acknowledged before me this
day of , 1996, by
as of The ci ty of Boynton Beach and
as the City Clerk, who are
personally known to me or who have produced
as identification.
Notary Public, State of Florida
name.
Commiaa1on Number.
Ky Commission.Expires:
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December 5.1995
{re~~
r~~tV/.m
TO:
Suzanne Kruse, City Clerk
FROM:
Rose Marie Lamanna. Legal Assistant
RE: Tradewinds Settlement Documents
Pursuant to our discussion, attached are copies of the following documents, which
should be attached to Resolution No. R95-65:
1. Agreement between the City of Boynton beach and Howard Schartin, Trustee
for Woolbright Place, Joint Venture. dated November 7, 1995;
2,
Beach;
General Release of Woolbright Place Joint Venture to the City of Boynton
3.
General Release of Howard Scharlin to the City of Boynton Beach,
The check referenced in Item No. 16 has been deposited by our Finance
Department and I am forwarding the original documents to Palm Beach County for
recording.
sl
Encs. as stated
Hand Delivered
<"l
,
-:-..-J
,
r,
RESOLUTION NO, R95~
\!
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE, JOINT VENTURE; AND PROVIDING AN
EFFECTIVE DATE,
WHEREAS, Tradewinds Development Corporation and the City
of Boynton Beach have heretofore been engaged in lengthy
litigation over the development of property located in Boynton
Beach, Florida, which litigation is subject to stipulations
and judgments entered in Palm Beach County Circuit Court, Case
Nos. CL 86-3661 and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place,
, Joint Venture, is the successor in interest to the rights of
'! Tradewinds and is the sole owner of the property which was the
'I
subject of the above referenced litigation; and
WHEREAS, the parties desire to enter into an Agreement,
which shall supersede all previous agreements, stipulations
and judgments concerning the rights of the parties as it
I
.1 relates to the development of the subj ect property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
,I THE CITY OF BOYNTON BEACH, FLORIDA, THAT!
i Section 1. The Mayor and City Clerk are hereby
I authorized and directed to execute an Agreement between the
,: City of Boynton Beach and Howard Scharlin, Trustee for
Woolbright Place, Joint Venture, which Agreement is attached
hereto as Exhibit "A".
Section 2. That this Re$olution
effective immediately upon passage,
shall
become
PASSED AND ADOPTED this /~
day of ~#V , 1995,
1
"
I!
ii
I
:1
;1
,I
;1
"
II
il
i
I
I
II ATTEST:
.1
:i~~9~~-a~
1 Ci Y Clerk
I
~
(Corporate Seal)
Authaig.doc
TradeWlnd..FinalAgr
4t 12/95
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT
PLACE
JOINT
2' ,
-If. (
,
VENTURE
( .. S CHARLIN") ,
this
/}
day
of
/' / ,.I,;
/f./
/.. :J.:~
, 1995.
-'
WITNESSETH
WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the
Woolbright Place Joint Venture ("Woolbright") and the CITY have
heretofore been engaged in lengthy litigation over the development
of property located in Boynton Beach, Florida, which litigation is
subject to stipulations and jUdgments entered in Palm Beach County
Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, is the true party in interest to the rights of TRADEWINDS
and is the sole owner of the property which was the subject of the
above referenced litigation; and
WHEREAS, Scharlin desires to enter into an Agreement with the
. .
CITY which shall confirm the good standing of the parties under the
stipulations and jUdgements entered in the above referenced
litigation, and;
WHEREAS, the parties have engaged in negotiations which are
intended to resolve all current and future development issues with
respect to the real property identified in the above referenced
litigation, including issues involving the interpretation of ,the
previous stipulations entered into between the parties
Court Orders implementing same; and
~ ~ ~ ~
the
Final 5/16/95
~N'NG AND
IOt\\NG Om:.
WHEREAS, the parties have agreed upon the terms that will
bring the litigation between them to a final conclusion in a manner
which is equally beneficial to all interested parties, and to the
citizens of the CITY; and
WHEREAS, SCHARLIN has represented to the CITY that Scharlin
is the only party who holds legal title to the property which is
the subj ect of this litigation and represents all those with
equitable interests therein, or who has standing to enforce the
stipulations and Orders entered into in the above referenced
litigation.
NOW, THEREFORE, in consideration of the mutual covenants
expressed and exchanged herein the parties agree as follows:
1. The foregoing whereas clauses are true and correct.
2. All references to SCHARLIN herein shall mean Howard
SCharlin, Trustee as authorized representative of owners of 100% of
beneficial interest in Woolbright, his successors or assigns.
J. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the
industrial access road centered within a 50' public right-of-way
along the northern boundary of the pce within twenty-one (21)
months of the date of this agreement including, but not limited to,
curbs and drainage. In return, the CITY agrees to abandon or
convey to SCHARLIN the southernmost J 0 I of the industrial road
right-of-way. The road shall be built in accordance with applicable
design standards and with the typical cross section depicted on
attached Exhibit. "A". The design shall incorporate ~ west bound
left turn lane on the industrial access road onto S.W. 8th Street,
a sidewalk along the north side of the road from S.W. 8th Street to
Final 5/16/95
the eastern terminus of the road, with curbs and gutters along both
sides, and a continuous ficus hedge along the property ltne which
separates the PCD from the Vinings Development~ "'SCHARLIN shall
provide surety for the roadway improvements in the man~er
prescribed by the CITY's Land Development Cod~. The CXTY agrees
that SCHARLIN may have no more than three (3) points of ingress and
egress to the PCD from the industrial access road, provided the
access points are located following the customary approval process
for the location of drive~ays.
-------
4.
LANDSCAPE BERM.
In addition to other berms or walls
which are required to be constructed in the PCD or PUD, SCHARLIN
shall construct irrigated landscape berm along the west boundary of
the PCD and PUD, less the church parcel, within three months of
the execution of this Agreement. The berm height shall be measured
from the elevation on the Leisureville side of the berm and may
consist of five (5) feet of earthen berm and a ficus hedge. The
berm shall be landscaped along its high point with a continuous
ficus hedge planted and maintained in accordance with the memo
dated May 11, 1995, a copy of which is attached hereto as Exhibit
"C".
5.
VESTING:
The CITY agrees that any and all CITY and
County impact fees which are required to be paid for the PUD and
peD shall be calculated at the fee rate in effect in November, 1986
and the CITY' shall collect such 1986 impact fee from the applicant
as development orders are issued and as a condition precedent to
the issuance of any building permits. SCHARLIN shall pay all other
building and permitting fees in effect at the time of applic~ion.
Final 5/16/95
To the extent that a category of impact fee did not exist in 1986
and was thereafter implemented by the CITY and/or County SCHARLIN
shall not be required to pay such fees. The CITY is not a party
to any agreement between SCHARLIN and Palm Beach County regarding
County impact fees. The CITY shall remit to the County any impact
fees paid by SCHARLIN to the CITY for County impact fees but the
CITY shall have no additional liability to SCHARLIN or the County
if the County demands additional fees, and SCHARLIN shall hold CITY
harmless from any such liability.
6.
USES IN THE PCD:
The parties agree that all uses
permitted under current PCD or C-J zoning regulations are
permissible in the boundaries of the current PCD, subject to
conditional use approY~1 by the City Commission when so designated
in the city Code". By way of exampl e: fast food restaurants are a L: /l
per~itted use, restaurants with drive thru are a conditional use~ G
requiring Commission approval.
7. FORCED AIR BURNING: The CITY agrees to permit one (1)
controlled air/forced air burning on the .site, from the date of
this agreement, subject to Fire Department approval and proper
atmospheric conditions.
8 . GARDEN CENTER/ACCESSORY USE: The CITY aCknowleqges that
the Home Depot Outdoor Garden Center is an accessory use and that
said Garden Center shal~ not be included as part of the retail
gross leasable area.
9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the
development review procedure attached hereto as Exhibit liB" shall
be implemented and applied to all applications by SCHARLIN for
Final 5/16/95
further construction permitting on the property. The CITY further
agrees that upon receipt of applications as required by applicable
ordinances, it shall process maste~ plan modifications and site
plans in accordance with the schedule attached as Exhibit "B".
10. SCHARLIN shall be required to bond all required
subdivision improvements including on and off-site improvements
required by CITX Code.
11. MASTER PLAN MODIFICATION: Nothing herein shall,prevent
SCHARLIN from seeking modification of the current master plan.
Notwithstanding any previous requirement, additional commercial
buildings need not be attached to the Home Depot Garden Center.
Master Plan modifications shall be conducted in accordance with the
procedures in place at time of application for same.
12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall
have the right to phase development of the PCD and/or the PUD as
well as sever portions of the property from the PUD or PCD,
provided, however, that the phasing of any improvements whi~h are
required by the SUbdivision and platting regulations shall be in
accordance with the revised master plans submitted by SCHARLIN and
approved by the CITY, and phasing of said improvements is
reasonab:l:y related to the land uses that are proposed in the
particular phase.
13. ADDITIONAL CURB CUTS: Notwithstanding any prior
agreement, SCHARLIN may request additional curb cuts along s.w. 8th
Street. Approval shall be subject to customary review and hearing
for traffic flow and safety considerations.
14 . RELEASE AND SETTLEMENT: Upon execution of this
Final 5/16/95
Agreement by both parties and approval by Court order all prior
stipulations, agreements, letters of understanding, negotiations
shall be deemed in good standing and satisfied and the future
rights of the parties shall be governed by this Agreement and the
applicable provisions of the CITY Code of ordinances, as that Code
is amended from time to time. SCHARLIN shall provide to the CITY 2
a General Release from SCIlARLIN, ~~Jt. p,--{ ;':'jV"<'/"'/
!~~ Ir WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON
releasing the CITY from all claims or actions accrued or
outstanding which either has or may assert against the CITY, except
those claims or actions which may accrue in the future based upon
either party's failure to comply with any provision' of this
Agreement.
15. COMMISSION/COURT APPROVAL: This Agreement shall have no
force and effect until approved by a majority of the CITY
Commission and the entry of an Order approving a Stipulation for
Settlement and Dismissal referencing the terms of this Agreement.
16. ATTORNEY FEES:
SCHARLIN shall pay to the CITY Five
Thousand ($5,000.00) Dollars, representing attorney fees and costs
incurred by the CITY in this action.
17. CODE COMPLIANCE: The parties agree that unless herein
stipulated, all current and future activities will be governed by
City Codes and Regulations in force and effect upon the date of
application for an activity.
18. REQUIRED IMPROVEMENTS:
SCHARLIN agrees to complete
construction of all required improvements including, but not
limited to, the industrial access road referenced in paragraph 3
Final 5/16/95
above, and previously required landscaping.
SCHARLIN further
agrees to provide 110% surety for all required improvements and to
complete the required improvement within twenty-one (21) months of
tpe date of the CITY Comm~ssion accep,tanqe o~this ~greement.
19. RIGHT-OF-WAY LICENSING AGREEMENT: The parties agree that
the Grant of License by the CITY to SCHARLIN as recorded with Palm
Beach County on December 11, 1990 (90-352210, Official Record Book
6667, Page 103) remains in full force and effect. The parties agree
to correct an error in the legal descriptfon contained therein.
20 . ENFORCEABILITY: Nothing herein shall constitute a waiver
on the part of either party to seek judicial enforcement of the
terms of this Agreement. This Agreement shall be binding on all
successors or assigns of SCHARLIN.
THE CITY OF BOYNTON BEACH
by:
ATTEST:
(CITY Seal)
JAC/lms
900304
AGREE. 1
H' rd Scharlin, Trustee
of Woolbright Place Joint
~ntu . '
. c.cl,?:4:-/~1 ,i,c.",->
./1.( -<-;~('~t~ 6( I/I//~
-,;JI-'l/-
Final 5/16/95
/
EXHIBIT B
The following procedure shall be implemented and followed by
both SCHARLIN and the CITY in the filing and processing of all
requests for development approval:
step 1. SCHARLIN contacts the Planning Director to Schedule
a pre-application meeting.
step 2., Written documentation outlining request should be
submitted to the Planning Director no less than five (5) business
days prior to pre-application meeting. This will permit the
Planning Director to make appropriate inquiries of other staff
members.
Step 3. Pre":'application meeting with staff. Staff will
provide comments at this meeting.
step 4. Formal submission of application by Tradewinds.
step 5. Staff will review application within ten (10)
business days.
step 6. Planning Director will provide written response on
or before tenth (10th) business day following submission.
Step 7. Application will be placed on the P&D .agenda for
next P&D meeting, if P&D meeting will occur within two (2) weeks.
If P&D meeting is not within two (2) weeks, a special P&D meeting
will be called. Developer may, at its discretion, request delay of
the Planning and Development Board meeting but such request must be
in writing.
Step 8. Following P&D action, application placed on next
City Commission agenda.
Final 5/16/95
In the event that public notice is required by City ordinance
or state law for public hearing, then in that event, the scheduling
of meetings under step 7 and step 8 shall be extended to meet the
notice requirements of law.
Final 5/16/95
..
K~\j\~ ~ \.'r-\~rJ
PALM BEACH PHONE (407)732.7414
[&;iSURJ,Vilf.E COMMUNITY ASSOCIATION. INC.
1001 OCEAN DAlY! J eOYNTON BEACH, FLORIDA ~2.
mMMl2~m
MEMO
ENGINEERING_
To:
Prom:
Subject:
Date:
CARRIE PARKER, CITY MANAGER.
PETER], KELLY. PRESIDENT, PALM BEACH LEIStJREVlLLE
MEETING REGARDING BERM ETC. 8TH A VB
May I J, 1995
;
Today, I met with Mr. Houlihan. Mr. HaU and Mike Monon. nus meedDJ WU called
toscther by Mr, Ken HaD.
Mer discussion, the tOllowiua WI! asreed upon pendlns .PJlI\lVII9fthe City Manaser.
1. Berm to be minimum ot $ teet hip with a 3 pi, Hedse planted on top. This berm
iJ to be tapered and hedse planted to point oflntersoctJon oCold & new rolcf,
2. Hedge to be contiriued itom that point to the utiUty box on west side orath Ave. and
will be & 'aal hedBe.
3. Imsation will bo connected into PB LeUureviJle jrrigatIon S)'8tem.
4.Mr. Monon will do the benD I'Iantma and hedsins end all COMections to iniplion l)'Item.
5. He will be respOlUl'ble for IlllintainiD. tIle entire berm end be respollJibJe for tIle implion.
! .
6. PB LeiSumilJe will maintain the hecIae /tom tho point ofintersectlon to the end of the hedge.
We will also irrigate the area.
All the above conditioJll are asrced upon only itthey asree with the conditions set forth
by Ms: Carrie Puker, CIty Manaler.
Thank you.
Peter 1. Kelly, pralideru~
Board of Direct on
Polt-lr Fax Nott
To I. (!
c~
~.
7871 Date
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TlIS INITRUtEMT '_ARID 8Y
&. RETURN TO:
.weS A. CHEROf, lIGUlae
JOSIAS , GaREN, P.A.
3099 East C~rc;.l Boulevard
Suite 200
Fort Laude~l., 'l 33308
g)mUI: ULBASB
KNOW ALL MEN BY THESE PIa;S::X':'S: That WOOLBRIGHT PLACE JOINT
VEN'l"'IJ'"RE, first party, for and in consideration of the sum of Ten
and NO/lOa ($10.00) DOLLARS, or other valUable considerations,
received from or on behalf of THE CITY OF BOYNTON BEACH, second
party, receipt whereof is hereby acknowledqed.
(Wherever used herein the terms "~irst party'. and "second
party"
ahall
include singular and plural,
heirs,
le9al
representatives, and. assigns at individuals, and the successors and
assigns of corporations, whare,,"er the context so admits or
requires) .
HEREBY remise, reI.ase., acquit, satisfy, It ~tore~e~L c:iis~arq.. ...l
'" i"- 'WA&. 6a~of ,.... -I- ~,... ~lIrt." ,. ^..,.., ~eWl<~ Hf!""h.J II1t:T~e I
/~\t.u.,.lt~ <!:~ "I-: lw~~ 'l 1I-1-f.&: d1
the said second party, of and. rom al~, an all manner of action iI"
and actions, cause and causes or action, suits, debts, dues, sums
of money, accounts, reckonings, bonds, bills, specialties,
covenants,
'.
contracts ,
controversies,
agreements,
promises,
variances, trespasseD, damagQs, jUdgments, executions, c~aims and
demands wh~tsoev.r, in law or iL equity, which said first party
ever had, now has, or which. any persDna~ representatives,
successor, heir or assiqn of said first party, hereafter can, shall
or may have, against said second party, far, upon or by reason of
- - - . --- - - --.
any matter, cause or thing l"bat.~oever, ~ the beginninq of the
world to the day of these pr.eseLts.
IN WITNESS WHEREOF, I bave ~lereunto set my hand and seal this
~
day of
/tJr;v.t n-J,J. ,.
, 1995.
Signed, sealed and de1ivered
in the presence of:
(~IJv' .J~d /. _
Y.. n 4
;-.en/a. ~C;n~h~
Printed Name, CJ}.J.a ~
~~~~-=
printe Name . . ,
BY:.,./
4
LACE JOINT VENTCRE
/L-,
Witness my hand and official seal in the County and State last
aforesaid this ~~ '.' Clay - of' _Lf}~t'!Hti,-'V , 19ZL:.
I' k/-uL Jl~d /
NOTARY PUBLXC ')(
Printed Name
My Commission Expires:
JAC/tlM
900304
..oGlSRT.REl
ICENIA SANCHEZ
NOJ'Aft PUlUCsrA1E OF FIDIUDA
CDMMIiIiION NO. C'C38Il40
MYCOMMI!IiION EXP. LY 4.19M
THIS INSTIUMEIT PREPARED I'
& RETUIUI TO:
oWES A. CllDO'. IICIUIII
JOllA. & GalEI. P.'.
3099 Ea5C ec..rcial Iouleverd
SUfI. 200
Fort Laudlrdala. ilL 3330a
GB1IElm.L ULB1\SB
KNOW ALL MEN BY THESE PRESENrS: That HOWARD SCHARLIN, ~irst
party I for and in consideration of the sum of 'ran and NO/100
($10.00) DOLLARS, or other valuable considerations, received from
or on behalf of THE CXTY OF BOYNTON BEACH, second party, receipt
wheraof is hereby acknowledged.
(Wherever used herein the terms IIfirst party" and I.second
party"
shall
include sinqular and plural,
heirs,
legal
representative., and assigns of individuals, and the successors and
assigns of corporations, wherever the context so admits or
requires).
HEREBY remise, r.aleas~1 ac~it, satisfy, and forever discharge, 1
/..,iu..___ e..e.&fW- 1-~ P"II,t!!~ ~;,., geofol~ ..,(.,~ bf!~((~
the said second party ~~~dt~~~at't,'t~~'"i1~~~if!t.Of action"
and actions, cause and causes of action, sui. ts, debts, dues, sums
of money, accounts, reckonings, bonds, bills, specialties,
covenants,
contracts,
controversies,
agreements,
promises,
variances, trespassea, damages, judgments, executions, claims and
demands whatsoever, .LD law or in equity, which said first party
ever had, now has, or. which any personal repreaantatives,
successor, heir 0:":' asalqn 0:; ~aic; first party, herea:fter can, shall
or may have, Against said second party, for, upon or by reason or
-- -- ---....- -- --..-., - .....
any mat.ter, cause or! thinq what~er, from the beqinning of the
wor~d to the day of these pxesents.
IN WITNESS WHEREOF, 1: have hereunto se't my hand and seal 'this
'"
gt/i- day of tfJQI/-t~~ " ~995.
siqned, sealed and de~iveree
in the presence of:
~h'J~ 4~/
I<f'//I,a. .f~n~h~z I
Printed Name ~
~W~
Ev..~et,M. e. Vl~~
Printe Name :
/7J.~~./
/ HOWARD S~
BY:
STATE OF PIDRIDA )
)
COUNTY OF .J '
l' HEREBY CERTIPY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgements,
personally appeared BOWARD SCHARLIN as o~
, known 'to .. 1:0 be 'the person
describad in and 'Who executed the foregoing instrument, who
acknowledge before me that he executed the same, is personally
known to me and an oath was not taken.
wi tness my hand and official seal in the County and State last
aforesaid this g1L 'day of AJ"'~#I(."<lr , 19.ii:.
No~d/~~-;;~~/
Printed Nama
My Commission Expires:
JACI~_
900304
SCHAlI.IN.REI.
ICINIA SANCHEZ
NDl'AKY PlJIUC srATE OF R.ClIlIDA,
aJMMI5I5ION NO. CC3I1140 '
MYCOMMISISION EXP. ULY 4.1991.
03/ +a/Ci:: :::: 12: 18 FAX 1 .&07 241 0848
MORTON GROUP
1410
/?9h -/.
..
ADn~NT1llM Tn S~'PT'T.~ AGR~~
THIS ADDENDUM is entered into this 6th day of February, 1996,
between the CITY OF BOYNTON BEACH (.CITY.) and HOWARD SCHARLIN,
TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VEN'1'tJRB (. SCHARLIN- J .
WHEREAs, the CITY and SCHARLI.N have heretofore entered into a
Settlement Agreement which bears the dated of NOvember 7, 1995, and
which was ~igned by the CITY on May 17, 1995 and by SCHARLIN on
June 21, 1995; and
WHEREAs, an additional issue of signage for the Cracker Barrel
store and restaurant has arisen which is susceptible to resolution
within the context of the Settlement Agreement; and
WHEREAS, the parties are amenable to amendment of the
Settlement Agreement by Add~"1dum, leaving all other terms and
conditions thereof fully and completely intact.
NOW THEREFOR.E:, in consideration of the mutual ':ovenants
expressed herein, the parties &gree as follows:
1. The foregoing .whereas. clauses are true and correct.
2. The Settlement Agreement is hereby amended as follows:
A. A new Section 21 is added as follows:
SCHARLIN shall be permitted to locate
one pylon sign on property, to be
conve,ved to Clacker Barrel, adjacent to
the Interstat~ 95 for the purposes of
signage for th~ Cracker Barrel .tQ~. and
restaurant be~nq constructed in the
Woolbright Place PCD. The sign shall be
of a size and configuration as depicted
on Exhibit .A- and shall be solely
limited to id~.tif.ying the Cracker Barrel
store and restaurant. There shall be no
directional language in the content
of the sign except · Exit It _,
03/18/96 XON 14; 1; r':~ 1 407 241 Oti4.ti
MUt.1Uh GiklllJP
"'0
..
WestM. In all other respects, the
sign shall be constructed in
accordance with the applicable
Building Code. Approval of this sign
is conditioned on the construction
and operation of the Cracker Barrel
store and restaurant in the
Woolbright Place PCD/PUC. In the
event the Cracker Barrel
subsequently ceases operations, the
sign and sign structure shall be
removed with a period of 90 days
following the discontinuance of that
business.
B~ Paragraph 15'0: the Settlement Agreement shall be
amended as follows:
COMMISSION APPROVAL: This Agreement
shall have no force and effect until
approved by a majority of the City
Commission.
~ CITY OF BOYNTON BEACH
By:
Arr-rBST:
(City Seal)
Trustee of
Joint Venture
JAC/lmh
900304
ADDENDUM. 1
RESOLUTION NO. /lP6-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AN ADDENDUM TO THE SETTLEMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach entered into a Settlement
Agreement with Howard Scharlin, Trustee for Woolbright Place, a
Joint Venture; and
WHEREAS, an additional issue regarding signage for the Cracker
Barrel store and restaurant is outstanding and subject to
resolution within the context of the comprehensive settlement
reflected in the Settlement Agreement; and
WHEREAS, the City Administration and representatives of Howare:
Scharlin, Trustee, and the Cracker Barrel have met and reached a
tentative resolution of the sign issue which requires Commission
~pproval.
I
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The Mayor and City Clerk are hereby authorized
to execute on behalf of the City, an Addendum to the Settlement
Agreement hlliretofQx-e entax-ad, into betwallin Howard soharlin, Trustee,
and the city of Boynton Beach. A copy of the Addendum is attached
hereto as Exhibit "A".
JAC/lntl
212196
900182,88
TRAOEI./NO.ADD
Page 1 of 2
ii~:~':;:~:; ::~: 12.1& Fll ~ ;:17 241 0648
KORTON GROUP
~ ,,~
,R9~ -./.,
~
Ann~NnTJM TO S~TTt.~ A.GR~~
THIS ADDENDUM is entered into this 6th day of February, 1996,
between the CITY OF BOYNTON BEACH ("CITY-) and HOWARD SCHARLIN,
TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE (.. SCHARLIN- ) .
WHEREAS, the CITY and SCHARL~ have heretofore entered into a
Settlement Agreement which bears the dated of November 7, 1995, and
which was signed by the CITY on May 17, 1995 and by SCHARLIN on
June 21, 1995; and
WHEREAS, an additional issue of signage for the Cracker Barrel
store and restaurant haa arisen which is susceptible to resolution
within the context of the Settlement Agreement; and
WHEREAS, the parties are amenable to amendment of the
Settlement Agreement by Adde.."'1dum, leaving all other terms and
conditions thereof fully and completely intact.
NOW THEREFORE, in consideration of the mutual I:ovenants
expressed herein, the parties &gree as follows:
1. The foregoing -whereas- clauses are true and correct.
2. The Settlement Agreement is herab,y amended as follows:
A. A new Section 21 is added as follows:
SCHARLIN shall be permitted to locate
one pylon sign on property, to be
conveyed. to Cnlcker Barrel, ad; acent to
the Inter.tat~ 9S for the purpose. of
signage for th~ Cracker Sarrel store and
restaurant bei.ng constructed in the
Woolbright Place PCD. The Sign shall be
of a si~e and configuration as depicted
on Exhibit -A- and shall be solely
limited to ider.tifying the Cracker Barrel
store and restaurant. There shall be no
directional language in the content
of the sign except - Exit i _,
,OJ/.l~/.O AU". .......... .._ 4 ..oil ....4 ......Q
.au!'...",' Y~Ul...r
~U.
...
West-. In all other respects, the
sign shall be constructed in
accordance with the applicable
Building Code. Approval of this sign
is conditioned on the construction
and operation of the Cracker Barrel
store and restaurant in the
Woolbright Place PeD/POD. In the
event the Cracker Barrel
Subsequently ceases operations, the
sign and sign structure shall be
removed with a period of 90 days
fOllowing the ~iscontinuance of that
business.
B. Paragraph 15 of the Settlement Agreement shall be
amended as follows:
COMMISSION APPROv.AL: This Agreement
shall have no force and effect until
approved by a majority of the City
Commission.
THE; CITY OF BOYNTON BEACH
By:
A'rl'SST:
(City Seal)
~.
, H .. CHARLIN, Truste. of
Woolbright Place Joint Venture
JAC/lmh
900304
ADCmmtJM. 1
(
"
Jerry Handshuh
From
mIKE.
-
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P"..c ",J
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240 SF PF CABINET MOUNTING PLATE DETAil ill
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1IUl CDI1IIlCIUS 5/lr fl1!T
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CE EAQl ..:
SPLICE DEl All CD
WINO CRITERIA
POlE WANUr ACTUR!NG NOTES
Ill. 111__ ~....
-~.. DE-. 111 a-.. aII'.-" _ ..
IG. IllI_SClK__
1&1 liU'IICS" IIlI' 1ll I[ ___ ... 1115 --.
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1112. AU. IEtAI. _ .... AS Al.IMUI 5HM.L I[ S1IIL.
1113. AU. 1EUlIC SIML CIlIlAIIIlIIlIElDIlEIIIA.. AS I'WUlIIIIIT 111: __ __ SlCI(T\'.
1114. ..... IIlO .. II[ ~ 1EUlIC lPDlA1lIIIS SIML II[ CDIIFID Fat __ . !\AT,
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1115. lla.JIII USE CO2 .. 1EUlIC l'IlICESL USE OIl .., LDlIIl\'lIllll8 ~ (1IE !'ItIf1:A1IlJll
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1111. 'IiOIlCIIl SIML IlCUII: eM CIlAIT CE 1IIlOI-II' PolII'T II1lf EAQl ..
lI2lI.
POLE INSTALLATION NOTES
EI. llll mY lH'B. llIlEl:T AU. CIUES1DIS ClIIICIINC IllS DDDI III ElJllD . ~1I1f (':~ta~
E2. oIL1DA1llIN IllIl1f FllR:A1IIl r.vrr CE 'Ill[ SlIU:1III: IT II![ CE A Q/T1IC 1lII:H CllII1f 0110
lIEMS 5 I'Ue1IIl lI1lIlUT H t'lIlElT f1F 'lIl[ u.GR.
C. H IA5E EIlIl 5HM.L II[ "PI.UIII" .... COIl'!UNG II1lf EIlEC1DII'llOCEIIUIL
E4. EAQl PI'( .ucr EIlIl 5HM.L IE "PI.UIII" ... stAIIJZED IT tELIIIC PIIlII III !rTlIC NEXT PI'( st,
E5. All. 1EUlIC 5IIMJ. CIlIlAIII I'll 1IElDIlEIIIA1DIS AS I'WUlIIIIIT 111: MmIl:Ml 'E.IIIG 3llCI[l.
EI. ..... IIlO .. I[ ~ 1EUlIC lPDlA1lIIIS SIlo\lJ. . lD1IFIII FlIt 'E.IIIG . !\AT,
HlIIZlIlTAL lIIIO CMIICAll ~
o. SLOT 1EUlIC SlM1 II AClXM'UIIC AS FlUt Jtr FILET lI1DS lIZED IllIIAlOI PI'( lIIIU 1lOIeS
lIIIO I'UaD .. H f1UI IIlE5 CE H s.ar (FlU CE Fl.UJl~ NTDI -.: IIIIHlC. 11<< s.ar 940ILL lIE
FUID II1lf 'Cll IlATIII/lI. ... CIIlUlD MlO'Il.
E& ~..... Rrs IMJ. II UTA" Rrs. 'IiOIlCIIl 5IIMJ. us A IIOGl FllIl1lOl1llllC
Rrs sa 1IloU 'Ill[ "IIU ... . ClITAIID AS PICIID IY 1H[ .:.tlDKM .....1[ CE sm
CIOIISIIIl:D ... 111[ ....... FAS1IIGS IlS1IIIlI.
IIAIl .. .. PSI'
.. ~ (TAI'UD LOOeJ
FIIGII UYAIlIt .-r -31.1 PSI'
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AlII lID __ '" GIlMIE
CIII CIlI*J ...
SIGH PIIOGIWI
HIoII1lIoIIIl 011'4[. IJIolIla 111
'1IIS ..- lIAS IDII CD1RD IT 111: uc:omIl'IllnSIlIlM. B8IIIl
_ ... jfftJIIIS HJIElIIl FlIt .. Cl!l.Y AT 1H[ n:ua.c n
(6 1ISrMJ.A'IDl.
ELROD & COMPANY
ClR'IIIA1[ ..,... ~._
Ute .. ~ ~Y. _ ... n't.
163.0278
'MI.ITY ...-.
~ 1-95 and SOUTHVl{ST Eth STREET
CTl'Y, stA1E: BOYNl()j BEAOi. FLORIOA
PF -1NElW. INFORMATION
nAIl lOSD.n.
~U'JOIr:
(. HI) IlINCI fill . (I) nn.s 11114 lIIII'S
...... IIllLCII'IWII CATI&IIG III. .. ..1_ -os..
~AI ~ ~ 1lINCI_..u
; CDnIICIlIl ... oWIII'IMl[ SlIMIII1B IlS1AWIL
-
UC lIUIII-l
SUPPORTING STRUCTURE
240 SOU,\f;E FOOT
50'0 OAH ABOVE FINISHW GRADE
COASTAL WIND lOADING
WITH PORCELAIN FACES
/
1./'7 )
jVP
1 "
DC IIQ.
DATI lJ,ItI,<15
-
-
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PRIOR TO CONSTRUCTION.
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em. STAl(; BOYNTON BEAOI. flORIDA
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ELROD & CaMP ANY
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FOUNDATION & BASE CONNECTION
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240 SQUARE FOOl
50'0 OAH ABOVE FINISHED GRADE
COASTAL WIND LOADING
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SETTLEMENT AGREEMENT
R 1s--C,S'
THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT
PLACE JOINT
L: //
t /1[' hI'" Ve?-t
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..
VENTURE
( II SCHARLIN") ,
this
~
day
of
, 1995.
WITNESSETH
WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the
Woolbright Place Joint Venture ("Woolbright") and the CITY have
heretofore been engaged in lengthy litigation over the development
of property located in Boynton Beach, Florida, which litigation is
subject to stipulations and judgments entered in Palm Beach County
Circuit ~ourt, Case No. CL 86-3661 AE and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, is the true party in interest to the rights of TRADEWINDS
and is the sole owner of the property which was the subject of the
above referenced litigation; and
WHEREAS, Scharlin desires to enter into an Agreement with ~he
CITY which shall confirm the good standing of the parties under the
stipulations and judgements entered in the above referenced
litigation, and;
WHEREAS, the parties have engaged in negotiations which are
intended to resolve "all current and future development issues with
respect to the real property identified in the above referenced
litigation, including issues involving the interpretation of ~he
previous stipulations entered into between the parties and the
Court Orders implementing same; and
Final 5/16/95
WHEREAS, the parties have agreed upon the terms that will
bring the litigation between them to a final conclusion in a manner
which is equally beneficial to all interested parties, and to the
citizens of the CITY; and
WHEREAS, SCHARLIN has represented to the CITY that Scharlin
is the only party who holds legal title to the property which is
the subject of this litigation and represents all those with
equitable interests therein, or who has standing to enforce the
stipulations and Orders entered into in the above referenced
litigation.
NOW, THEREFORE, in consideration of the mutual covenants
expressed and exchanged herein the parties agree as follows:
1. The foregoing whereas clauses are true and correct.
2. All references to SCHARLIN herein shall mean Howard
Scharlin, Trustee as authorized representative of owners of lOOt of
beneficial interest in woolbright, his successors or assigns.
3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the
industrial access road centered within a 50' public right-of-way
along the northern boundary of the PCD within twenty-one (21)
months of the date of this agreement including, but not limited to,.
curbs and drainage. In return, the CITY agrees to abandon or
convey to SCHARLIN the southernmost 30' of the industrial road
right-of-way. The road shall be built in accordance with applicable
design standards and with the typical cross section depicted on
attached Exhibit' ItA". The design shall incorporate ~ west bound
left turn lane on the industrial access road onto S.W. 8th street,
a sidewalk,along the north side of the road from S.W. 8th Street to
Final 5/16/95
the eastern terminus of the road, with curbs and gutters along both
sides, and a continuous ficus hedge along the property line whic~
separates the PCD from the Vinings Development:,~ . "SCHARLIN shall'
provide surety for the roadway improve~ents ~n the manijer
prescribed by the CITY's Land Development Cod~. The ctTY agrees
that SCHARLIN may have no more than three (3) points of ingress and
egress to the PCD from the industrial access road, provided the
access points are located following the customary approval process
for the location .~f drive~ays.
4. LANDSCAPE BERM. In addition to other berms or walls
which are required to be constructed in the PCD or PUD, SCHARLIN
shall construct irrigated landscape berm along the west boundary of
the PCD and PUD, less the church parcel, within three months of
the execution of this Agreement. The berm height shall be measured
from the elevation on the Leisureville side of the berm and may
consist of five (5) feet of earthen berm and a ficus hedge. The
berm shall be landscaped along its high point with a continuous
ficus hedge planted and maintained in accordance with the memo
dated May 11, 1995, a copy of which is attached hereto as Exhibit
"C".
5 . VESTING: The CITY agrees tha t any and all CITY and
County impact fees which are required to be paid for the PUD and
PCD shall be calculated at the fee rate in effect in November, 1986
and the CITY shall collect such 1986 impact fee 'from the applicant
as development orders are issued and as a condition precedent to
the issuance of any building permits. SCHARLIN shall pay all other
building and permitting fees in effect at the time of applicatlon.
Final 5/16/95
To the extent that a category of impact fee did not exist in 1986
and was thereafter implemented by the CITY and/or County SCHARLIN
shall not be required to pay such fees. The CITY is not a party
to any agreement between SCHARLIN and Palm Beach County regarding
County impact fees. The CITY shall remit to the County any impact
fees paid by SCHARLIN to the CITY for County impact fees but the
CITY shall have no additional liability to SCHARLIN or the County
if the County demands additional fees, and SCHARLIN shall hold CITY
harmless from any such liability.
6.
USES IN THE PCD:
The parties agree that all uses
permitted under current peD or C-3 zoning regulations are
permissible in the boundaries of the current PCD, subject to
conditional use approy~l,by the city commission when so designated
in the city Code~ By way of example: fast food restaurants are a JC I
permitted use, restaurants with drive thru are a conditional use~ 0
.reqOiring Commission approval.
7. FORCED AIR BURNING: The CITY agrees to permit one (1)
controlled air/forced air burning on the site, from the date of
this agreement, subject to Fire Department approval and proper
atmospheric conditions.
8. GARDEN CENTER/ACCESSORY USE: The CITY acknowle~ges that
the Home Depot Outdoor Garden Center is an accessory use and that
said Garden Center shall not be included as part of the retail
gross leasable area.
9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the
development review procedure attached hereto as Exhibit "B" shall
be implemented and applied to all applications by SCHARLIN for
Final 5/16/95
further construction permitting on the property. The CITY further
agrees that upon receipt of applications as required by applicable
ordinances, it shall process maste~ plan modifications and site
plans in accordance with the schedule attached as Exhibit "B".
10. SCHARLIN shall be required to bond all required
subdivision improvements including on and off-site improvements
required by ~ITX Code.
11. MASTER PLAN MODIFICATION: Nothing herein shall prevent
SCHARLIN from seeking modification of the current master plan.
Notwithstanding any previous requirement, additional commercial
buildings need not be attached to the Home Depot Garden Center.
Master Plan modifications shall be conducted in accordance with the
procedures in place at time of application for same.
12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall
have the right to phase development of the PCD and/or the PUD as
well as sever portions of the property from the PUD or PCD,
provided, however, that the phasing of any' improvements whi~h are
required by the subdivision and platting regulations shall be in
accordance with the revised master plans submitted by SCHARLIN and
approved by the CITY, and phasing of said improvements is
reasonab~y related to the land uses that are proposed in the
particular phase.
13. ADDITIONAL CURB CUTS: Notwithstanding any prior
agreement, SCHARLIN may request additional curb cuts along S.W. 8th
Street. Approval shall be subject to customary review and hearing
for traffic flow and safety considerations.
14. RELEASE AND SETTLEMENT: Upon execution of this
Final 5/16/95
Agreement by both parties and approval by Court order all priQr
stipulations, agreements, letters of unders~anding, negotiations
shall be deemed in good standing and satisfied and the future
rights of the parties shall be governed by this Agreement and the
applicab~e provisions of the CITY Code of ordinances, as that Code
is amended from time to time. SCHARLIN shall provide to the;CIT~ _~
a General Release from SCHARLIN, ~w~ i2,,-t'1;)/~
~ I r WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON
releasing the CITY from all claims or actions accrued or
outstanding which either has or may assert against the CITY, except
those claims or actions which may accrue in the future based upon
either party's failure to comply with any provision of this
Agreement.
15. COMMISSION/COURT APPROVAL: This Agreement shall have no
force and effect until approved by a majority of the CITY
Commission and the entry of an Order approving a stipulation for
Settlement and Dismissal referencing the terms of this Agreement.
16. ATTORNEY FEES:
SCHARLIN shall pay to the CITY Five
Thousand ($5,000.00) Dollars, representing attorney fees and costs
incurred by the CITY in this action.
17. CODE COMPLIANCE: The parties agree that unless herein
stipulated, all current and future activities will be governed ,by
city Codes and Regulations in force and effect upon the date of
application for an activity.
18 . REQUIRED IMPROVEMENTS:
SCHARLIN agrees to complete
construction of all' required improvements including, but not
limited to, the industrial access road referenced in paragraph 3
Final 5/16/95
above, and previously required landscaping.
SCHARLIN further
agrees to provide 110% surety for all required improvements and to
complete the required improvement within twenty-one (21) months of
tpe date ~f the CITY Comm!ssion accep,tanqe o~tbis ~greemept.
19. RIGHT-OF-WAY LICENSING AGREEMENT: The parties agree that -
the Grant of License by the CITY to SCHARLIN as recorded with Palm
Beach County on December 11, 1990 (90-352210, Official Record Book
6667, Page 103) remains in full force and effect. The parties agree
to correct an error in the legal description contained therein.
20. ENFORCEABILITY: Nothing herein shall constitute a waiver
on the part of either party to seek judicial enforcement of the
terms of this Agreement. This Agreement shall be binding on all
successors or assigns of SCHARLIN.
THE CITY OF BOYNTON BEACH
by:
ATI'EST:
Seal)
- I ~91-
JAC/1ms
900304
AGREE. 1
H rd Schar1in, Trustee
of Woolbright Place Joint
~ntu I ;" /'
!'4//L4?//!' ~~
~ 0/4-~#{ 1c/7/f;/-
Final 5/16/95
EXHIBIT B
The following procedure shall be implemented and followed by
both SCHARLIN and the CITY in the filing and processing of all
requests for development approval:
step 1. SCHARLIN contacts the Planning Director to Schedule
a pre-application meeting.
. Step 2.. written documentation outlining request should be
submitted to the Planning Director no less than five (5) business
days prior to pre-application meeting. This will permit the
Planning Director to make appropriate inquiries of other staff
members.
Step 3. Pre-application meeting with staff. Staff will
provide comments at this meeting.
step 4. Formal submission of application by Tradewinds.
Step 5. Staff will review application within ten (10)
business days.
step 6. . Planning Director will provide written response on
or before tenth (10th) business day following submission.
step 7. Application will be placed on the P&D ,agenda for
next P&D meeting, if P&D meeting will occur within two (2) weeks.
If P&D meeting is not within two (2) weeks, a special P&D meeting
will be called. Developer may, at its discretion, request delay of
the Planning and Development Board meeting but such request must be
in writing.
step 8. Following P&D. action, application placed on next
city commission agenda.
Final 5/16/95
In the event that public notice is required by city ordinance
or state law for public hearing, then in that event, the scheduling
"
of meetings under step 7 and step 8 shall be extended to meet the
notice requirements of law.
Final 5/16/95
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E X H I BIT
II F II
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EXHIBIT "F"
Conditions of Approval
Project name: Woolbright Place PUD (POD 1)
File number: MPMD 9S-005
Reference: The plans consist of 3 sheets identified as 2nd Review, Master Plan Modification. File #MPMD 9S-00S with an
August 1S, 1996 Planning and Zoning Department date stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
UTILITIES
Comments:
1. The utility easement located in the rear of units 8 and 9 shall be located so that large
canopy-style trees do not overhang into the easement. Palm trees and shrubs may be
placed within the easement, but not over the force main. The easement shall also extend
at least 10 feet from the force main to the easement line on the building side, so as to
prevent encroachment by future structures including pools, screen rooms, etc..
2, The same conditions shall apply to that portion of the easement running in a general
north/south direction (i.e, no overhang by large trees into the easement).
FIRE
-
POLICE
Comments:
3. In regard to the entrance security gate, a system that is accessible via telephone by the
police/fire/utility departments. The telephone number would be made available to
police/fire/utility communications. When entrance to the area is necessary,
communications would activate the gates by telephoning the given number. This type
of system allows for maximum security and less number of people knowing the
telephone/access number.
DEVELOPMENT DEPARTMENT
Comments:
4. No building structure, screen enclosure, pool, or portion thereof is allowed within
setbacks, either now or in the future. Chap.1, Art.II,pg.1-30.
S, Project shall have underground utilities to residential units, Chap. 2,S, Sec,9E, pg.2.S-7.
6. Show the locations of all temporary structures or permanent structures having a
temporary use. Provide a statement outlining the temporary use and when they will be
removed. Chap.3, Art.lV, Sec.3R, pg,3-5.
7, Provide a master stormwater management plan. Chap.3, Art.lV, Sec,3T, pg.3-6,
8, Site plan review and approval required. ChapA, Sec.2, pgA-1.
9 Plat review and approval required, Chap.5, Art.II, Sec,1, pg.5-1.
10. Provide certification by Developer's Engineer that drainage plan complies with all city
codes and standards. Chap.S, Art.IV, Sec. SA, pg.S-7 and Chap,23, Art.IIF, pg.23-8.
11. Locate all drainage easements. Chap.S, Art,lV, Sec,SB, pg,S-9.
12. Minimum street right-of-way width for a local street with 2 mountable curbs is SO feet; with
swales minimum right-of-way width is SO feet. Chap.S, Art.lV, Sec. 1 OC, pg,S-11.
13. Need SFWMD and LWDD acceptance prior to Engineering approval. Chap.S, Art. VII ,
SecAB, pg.S-24.
14. Applicant's attention is directed to Chap.7, pg.7-1 regarding surety requirements,
1S. All landscaped areas shall be provided with an automatic water supply system. Chap.7.S,
Art.II, Sec,SB, pg.7.S-14.
16. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic
Control Devices". Chap.23 Art.IIB2 PQ.23-7.
~~
EXHIBIT "F"
Conditions of Approval
Project name: Woolbright Place PUD (POD 1)
File number: MPMD 96-005
Reference: The plans consist of 3 sheets identified as 2nd Review, Master Plan Modification. File #MPMD 96-005 with an
August 16, 1996 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
- .~
UTILITIES
Comments:
1. The utility easement located in the rear of units 8 and 9 shall be located so that large
canopy-style trees do not overhang into the easement. Palm trees and shrubs may be
placed within the easement, but not over the force main. The easement shall also extend
at least 10 feet from the force main to the easement line on the bUilding side, so as to
prevent encroachment by future structures including pools, screen rooms, etc..
2. The same conditions shall apply to that portion of the easement running in a general
north/south direction (i.e. no overhang by large trees into the easement).
FIRE
-
POLICE
Comments:
3. In regard to the entrance security gate, a system that is accessible via telephone by the
police/fire/utility departments. The telephone number would be made available to
police/fire/utility communications. When entrance to the area is necessary,
communications would activate the gates by telephoning the given number, This type
of system allows for maximum security and less number of people knowing the
telephone/access number.
DEVELOPMENT DEPARTMENT
Comments:
4. No building structure, screen enclosure, pool. or portion thereof is allowed within
setbacks, either now or in the future. ChaD.1, Art.II,pg.1-30.
5, Project shall have underground utilities to residential units. Chap. 2.5, Sec.9E. pg.2.5-7.
6. Show the locations of all temporary structures or permanent structures having a
temporary use. Provide a statement outlining the temporary use and when they will be
removed. Chap.3, Art.lV, Sec,3R. pg,3-5.
7. Provide a master stormwater management plan. ChaD.3, Art.lV, Sec,3T, pg.3-6.
8. Site Dlan review and approval required. ChapA, Sec.2, pgA-1.
9 Plat review and aDDroval required. ChaD.5, Art.II, Sec. 1 , Dg.5-1.
10. Provide certification by Developer's Engineer that drainage plan complies with all city
codes and standards. ChaD,6, Art.IV, Sec.5A, pg,6-7 and ChaD.23, Art.IIF, pg.23-8.
11, Locate all drainage easements. Chap,6, Art.lV, Sec.6B, pg.6-9,
12. Minimum street right-of-way width for a local street with 2 mountable curbs is 50 feet; with
swales minimum right-of-way width is 60 feet. Chap.6, Art.lV. See, 1 DC, pg.6-11.
13. Need SFWMD and LWDD acceptance prior to Engineering approval. Chap.6, Art. VII ,
SecAB, Dg.6-24.
14. ADDlicant's attention is directed to Chap.7, pg.7-1 regarding surety requirements.
15. All landscaped areas shall be provided with an automatic water supply system. Chap,7.5,
Art, II, Sec.5B, pg.7.5-14.
16. Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic
Control Devices". Chao.23 Art.IIB2 00,23-7.
2L
Page 2
Woolbright Place PUD (POD 1)
File No, MPMD 96-005
DEPARTMENTS INCLUDE REJECT
17. All plans submitted for specific permits shall meet the city's code requirements at time of
application. These permits include, but are not limited to the following: site lighting,
paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits
required from agencies such as the FOOT, PBC, SFWMD and any other permitting
agency shall be included with your permit request.
18. Revise documents to reflect all comments.
19, Verify which roads require naming (for mail delivery) with U.S. Postal Service.
20. Indicate name of subdivision. Chap,3, Sec.3A, pg. 3-4.
21. Show location, names and elevations of adjacent subdivisions. Chap.3, Sec.3E, pg.3-4.
22, Show topographical conditions on tract. Chap.3, Sec.3G, pg.3-4.
23. Provide generalized statement of subsurface conditions, Chap.3, Sec. 3M, pg.3-5.
24. Show utilities on or adjacent to the tract. Chap.3, Sec.30, pg.3-5.
25. Dead end streets are prohibited. Chap.6, Art.lV, Sec.10T, pg.6-14.
26. Permits must be obtained for work within RO.W. Chap,22, Art.II, Sec,7A, pg.22-3.
27, Complete irrigated landscaping in S.W. 8th Street RO.W, including medians and areas
outside pavement edges prior to recording of plat. This includes entire RO.W. from
approximately the south edge ofthe 14.18 acre church parcel to north terminus of S.W.
8th Street construction, Landscape design must be approved by the City Forester prior
to installation, and the installation itself must be accepted by the City Forester prior to
recording of plat.
28. Show location of relocated 12' utility easement approved by Resolution R95-66.
29. It is recommended that the streets are paved in two lifts.
FORESTER/ENVIRONMENTALIST
Comments:
30. The applicant should submit landscape and irrigation plans for S.W. 8th Street
medians and right-of-ways. The plans should be reviewed and approved by the
Technical Review committee (TRC) for any possible conflicts. The plans should
show quantities, specifications and species' of trees with any understory plantings. A
note should be on the plans that the maintenance of the landscape/irrigation
improvements will be provided by the applicant's commercial association.
31. The undisturbed open area portion of the site can be evaluated as a vegetative, visual
barrier only after all of the exotic vegetation has been removed from the site. There
may be voids in the visual buffer after the clearing of exotics that will have to be
landscaped with native species and receive water until established. The present
elevation of this open area is higher than S,W. 8th Street and may change as part of
the project. These activities may affect whether the undisturbed open area can be
used as a visual buffer rather than the applicant planting/irrigating a new buffer along
the western perimeter of the project. The project should continue in the normal review
PARKS AND RECREATION
Comments:
32. As the developer has chosen not to provide five private basic park requirements, the
submittal does not qualify for one-half credit for private recreation.
33. Based on the number of single family units, the following recreation fee applies:
84 single-family units X .0180 = 1.512 acres
As the developer has already paid one-half of the fee, his dedication is: 1,512 divided by
2 = .756 acres. Fee in lieu of land is recommended.
2;
Page 3
Woolbright Place PIJ!) (POD 1)
File No. MPMD 96-005
I DEPARTMENTS
.~- ,
'1 I"'~~l 1 'Or: RE i ,Ii
_ . _~~~ - Jt:'-, , II
~ -;;;;;"~"'-"--~"""""""'~..IaIiI!Ir.i.7i ;W:-~"!::""
PLANNING AND ZONING ' , -~)
34Comm~~ts~rovide a more ~CientlaYOUI of the project re~arding street design fo~~i~-1
provided by the city such as fire rescue, emergency services and sanitation pick-up, it
is recommended that the lot design in the northeast and southwest portions of the project
be redesigned by omitting lots or creating pie shaped lots on a street radius rather than
allowing t.he short dead end streets that do not have a cul-de-sac turn-aroune.
35. Submit a landscape plan for the area identified as open parcel area (undisturbed). The
plan shall include grading elevations, type of landscape material, plant material
specifications including tvDe of lawn grass and irrigation requirements.
36, All parking spaces provided or required for the recreation pool area shall be designed to
comply with ~he city regulations specified in the City's land Development Regulations,
Chap':er 23 - ParkinC! lots, Amend ttie plan accordingly.
To maintain consistency regarding the building setback for the perimeter of the project
it is recommended that the proposed forty (40) foot building setback remain around the
perimeter of thp. por,:onof the site titled Open Parcel Are~ (Undisturbed), includi'1g the I
south propertx. line of the proposed tract.. ~". ,I
~~6~~~;~ MP1 of 2, ide:-lHiy t~~ r.e~ "'~ma of Morton's We:y, as spec::f;eJ ~r T13S0'UtL I
On sheet MP1 of 2, -;hang'9 gaf.le~~~~te 1 and 3 1;0 reflec~ ~~l~ me~hod ~he deveJ'Jper isl ~
or has complied wit:, !he city's recreation requirement for the entjj-~ ~UD. In descr~bing I i
the approved or proposecJ method,' delineat.e the complial"'c~ by showing the
comDutations per each DOC; or oarcel within the PUD.
40. It is recommended that a twenty (20) foot setback be established around the recreation
pool area, Show and dimension on sheet MP2 of 2, the 20 foot setback for structures
and all recreation amenities.
37,
38.
39.
~
l
r
I
41. It is recommended that the depth of lots 71 through 77 be reduced 0.5 feet to allow the
depth of lots 78 through 84 to be increased from 95 feet to 95.5 feet which would
establish a minimum lot size for the development of 4,037.5 square feet rather than the
proposed 3,990 square feet. The present minimum lot size, in the city for single-family
detached units, is 4,000 square feet.
42. To clarify the minimum standards for the PUD, amend the project summary note 7 found
on sheet MP2 of 2 as follows:
Minimum lot size: ~~' X 95.5' (4,037.5 square feet)
Minimum lot frontage 42'* '
* Lot frontage sh:i!1I be measured at the 15 ':oot fiOnt setback line for the :~o!lowing I
irregL.;!ar sh~ped lots; 1-8 and 45-48. :+---1
On sheet MP1 of 2, add Q general-~ote indicating that the PUD is S:bject to the ' ' ,
conditions of approval of City of Boynton Beach Resolution R95-112 regarding the .
reduction in the width of Morton's Way, ~
44. Add to the master plan submiUal the previously approved landscape plans for S.W. 8th
Street, the water management area, lake plantings and the preservation area
reauirements.
43,
~~
/1
r
45. Add to the site data found on sheet MP1 of 2, the density (number of dwelling units per
acre) represented for the gross acreage of the PUD. Also identify the land use
classification of the PUD as defined on the City's Future land Use Map.
46, On sheet MP1 of 2, amend the south border of the Woolbright Place PUD on the west
side of S.W. 8th Street to correctly identify the property line that separates the Woolbright
Place PUD from the Shoppes of Woolbright PCD as established by Ordinance 89-18.
Ordinance 89-18 is the ordinance that established the PUD. Rectify the Woolbright Place
PUD plat documents ro correspond with Ordinance 89-18. It is recommended that the
land shown on the master plan within the Church Parcel that is not zoned PUD be
rezoned, by the applicant, trorr. PCD to PUD, unles~ ')therwis~ determin~d unnecessary
by the city attorney. Amend the legal description, plans and site data or. sheet MP1 of '
2 accordingly. .
47. Sheet MP1 of2 indicates that. Pod 1 will have 5 common recreation amenities; however,
the Dlans onlv reflect a 0001. Correct the Dlans accordinalv. l
a.4
Page 4
Woolbright Place hJD (POD 1)
File No, MPMD 96-005
DEPARTMENTS INCLUDE REJECT
48. On sheet MP2 of 2, modify general note 1 to indicate the 0.32 acre private recreation
tract, the 1.47 acre open area parcel and the 2,64 acre private road tract located within
Pod 1 are owned, operated 'and perpetually maintained by the projects homeowner's
association. Include any other land area that is proposed to be common land for the
development.
49. To clarify general note 4 found on MP2 of 2, move the note to sheet MP1 of 2 and show
on the plan the location size, and shape of the medians adjacent to the street frontage
of the subject PUD. It is recommended that the last three words of note 4 be changed
from homeowner's association to Woolbright Place Master Association, Inc.
50, Prior to plat approval of Pod 1, Homeowner's Association documents will be required to
be submitted for review by staff. The documents shall comply with the specifications
identified in Chapter 2.5 - Planned Unit Development, Section 6 and Chapter 5 - Platting,
Article V, Section 1 D 11 of the City's Land Development Regulations.
51. On sheet MP1 of 2 modify general note 9 by omitting the last sentence and adding the
words "as defined on each plat within the PUD" before the period at the end of the first
sentence.
52, To clarify the issue regarding location of fences on perimeter lots within Pod 1, move
general note 9 found on sheet MP1 of 2 to sheet MP2 of 2 and place it below the typical
lot drawings depicting lots with perimeter landscape buffer easements,
53. To clarify the areas of the project that will require site plan review, add text to general
note 12 found on sheet MP2 of 2 indicating that site plan review is also required for the
site wall or fence, landscaping for the open parcel and project signage located at the
entrance to the site,
54, To provide privacy for lots 1 and 48, it is recommended that a common ground tract of
land be shown on both sides of the entrance road, This can be accomplished by moving
the adjacent row of lots to the north and south,
55, To provide privacy for lot 84 which is abutting the east side of the proposed private
recreation pool, it is recommended that either the pool and cabana exchange locations
or the cabana and pool be rotated ninety (90) degrees in a clockwise direction.
56. Specify on sheet MP1 of 2, the approved total peak hour trips that are allocated for the
PUD and indicate how may trips are generated for the existing and proposed
development for each parcel or pod identified on the master plan.
d5
Page 8
Woolbright Plac, JD (POD 1)
File No. MPMD 96-005
DEPARTMENTS INCLUDE REJECT
74. To establish, a minimum floor area for the proposed units that is comparable to the
minimum floor area required in the single-family homes abutting the project to the
north, it is recommended that additional information be added to project summary
note number 5 found on sheet MP2 of 2 indicating that 1,250 square feet is the
minimum floor area. Also add to note 5 the required square footage regulations listed
in Section 4. K. of Chapter 2 - Zoning of the City's Land development Regulations.
75. Provide proper authorization, for the subject request, by submit written verification
from the board of directors of the Woolbright Place Master Association, Inc, indicating
that Richard C. Wohlfarth, P.E. of CCL Consultants, Inc. is their representative.
76. Submission of a rectified master plan showing compliance with the conditions of approval
for the project will be required to be submitted to the Planning and Zoning Department,
in triplicate, prior to platting and/or site plan review for the PUD,
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
77. To be detemimed.
ADDITIONAL CITY COMMISSION CONDITIONS
78. To be determined,
MEH:bme
8:\COMVVOOL.WPD
Page 5
Woolbright Place. tJD (POD 1)
File No. MPMD 96-005
{
DEPARTMENTS
57. To install the buffer plan proposed by the applicant (25 feet wide abutting the north
property line of the PUD) in compliance with the FPL guidelines regarding planting trees
near overhead power lines. the tree materials identified on the plan would have to be
changed, The reason the tree material should be changed is that the north portion of the
proposed buffer overlaps a five foot wide utility easement that has overhead power lines.
One-half of the five (5) foot wide utility easement occupies the north 2.5 feet of lots 8
through 22, It is recommended that prior to plat approval the applicant submit a site
plan review request that depicts the buffer planting plans for all areas of the project that
include buffer plantings on single-family platted lots, The submittal shall include
planting plans for the north buffer that have been reviewed and approved by FPL. If the
FPL approval requires the omission of trees, reduction in tree size specifications or
change in location of tree material the, north buffer easement and plantings shall be
moved into the site a distance that would allow FPL to approve the proposed planting
scheme and recommended planting specifications. The below listed planting changes
and specifications are recommended to be added to the proposed plan to describe a
typical 100 foot section of the buffer.
Trees: Specify the two (2) Red Cedar trees, three (3) Slash Pines, one (1) Live Oak,
two (2) Gumbo Limbo and three (3) Sabal Palm trees shall be twelve (12) feet tall at time
of planting.
Hedges: Show fifty-one (51), twenty-four inch to thirty-six (24 to 36)inch tall Coco
Plum plants along the top of the four foot tall berm and space the plants 2 feet on center.
The plants shall form a continuous hedge row the entire length of the buffer,
Shrubs: The 24 Saw Palmetto plants shown on the plan shall be thirty to thirty-six
(30-36) inches tall (15 gallon) at time of planting, Install forty-eight (48), thirty-six inch to
forty-eight (36 to 48) inch tall Myrsine plants, spaced five (5) foot on center, alternating
12 plants each side of the top of the berm 25 foot intervals. For each 100 lineal feet of
buffer alternate Myrsine. Randia, Wax Myrtle, Florida Privet, Wild Coffee and Necklace
Pod plants. The shrubs shall be placed in a manner to form a meandering shape of the
buffer as viewed from the plan view,
Ground Cover: Omit the Purple and Yellow Lantana plants (deciduous) and replace
with a total of two hundred (200), 12 to 18 inch tall Liriope plants (evergreen). The Liriope
shall be planted on 12 inch centers with 100 plants installed on each side of the berm for
each 75 or 100 foot section of the buffer. The Liriope plants shall be installed to
accentuate the meandering shape of buffer,
It is recommended that this entire buffer be installed prior to the issuance of the
Certificate of Occupancy of any recreation structure, sales model facility or of a
residential unit whichever comes first.
~
INCLUDE
REJECT
.....-.-
Page 6
Woolbright PlaCto . JUD (POD 1)
File No, MPMD 96-005
DEPARTMENTS
58, To install the approved 25 foot wide landscape buffer plan, as identified in Resolution
R92-210, in compliance with the FPL guidelines regarding proximity of large trees to
overhead power lines, the location of the buffer, berm and large trees within the buffer
will have to be relocated so that the row of large trees shown on the north side of the plan
are 30 feet away from the power lines. The Slash Pine, Live Oak and Gumbo Limbo trees
identified on the approved plan are listed as large trees in the FPL brochure. It is
recommended that prior to plat approval the applicant submit a site plan review request
that depicts the buffer planting plans for all areas of the project that include buffer
plantings on single-family platted lots. The submittal shall include planting plans of the
north buffer that have been reviewed and approved by FPL. If the FPL approval requires
trees to be omitted or a reduction in size specifications or change in location of tree
material the north buffer easement and plantings shall be moved into the site a distance
consistent with FPL specifications. The below listed planting changes and specification
are recommended to be added to the approved buffer plan to clarify a typical section of
buffer plan.
Trees: First one hundred lineal feet of buffer plant three (3) (fifty foot on center), 12 to
14 foot tall Live Oak trees placed three feet from the north side of the 25 foot wide buffer
easement and plant two (2) (fifty foot on center alternating spacing from the oaks located
on the north side of the buffer), 12 to 14 foot tall Live Oak trees placed three feet north
of the south side of the buffer easement. The next seventy-five feet of the buffer install
a grouping fourteen (14) (ten feet on center), 12 to 14 foot tall Slash Pines (7 on each
side of the top of the berm). For the next one hundred feet of buffer plant three (3) (fifty
foot on center), 12 to 14 foot tall Gumbo Limbo trees placed three feet from the north side
of the 25 foot wide buffer and plant two (2) (fifty foot on center alternating spacing from
the gumbo limbo located on the north side of the buffer), 12 to 14 foot tall Gumbo Limbo
trees placed three feet north of the south side of the buffer. The previous three sections
of tree plantings shall be repeated the entire length of the landscape buffer easement.
Hedges: Install, fifty-one (51), twenty-four inch to thirty-six (24 to 36) inch tall Coco
Plum plants along the top of the four foot tall berm and space the plants 2 feet on center.
The plants shall form a continuous hedge row the entire length of the buffer. For each
100 foot or 75 foot section of the buffer Coco Plum and Wax Myrtle plants shall be
alternated,
Shrubs: Spot plant forty (40), forty-eight to sixty (48 to 60) inch tall, at time of planting,
containerized Saw Palmetto palms around each group of 14 Slash Pine trees (20 palms
on each side of the top of the berm). Install, forty-eight (48), thirty-six inch to forty-eight
(36 to 48) inch tall Randia plants, five (5) foot on center, alternating 12 plants each side
of the top of the berm at 25 foot intervals. For each 75 or 100 foot sect~on of the buffer
alternate Randia, Myrsine, Florida Privet, Wild Coffee or Necklace Pod plants. The
shrubs shall be placed in a manner to form a meandering shape of the buffer as viewed
from the plan view.
Ground Cover: Omit the Lantana plants (deciduous) and replace with a total of two
hundred (200), 12 to 18 inch tall Liriope plants (evergreen). The Liriope shall be planted
on 12 inch centers with 100 plants installed on each side of the berm at each 100 foot or
75 foot typical section. The plants are to be placed to accentuate the meandering shape
of the buffer. One hundred (100) Fakahatchee grass or Liriope plants may be alternated
each 100 foot or 75 foot section of the buffer,
It is recommended that this entire buffer be installed prior to the issuance of the
Certificate of Occupancy of any recreation structure, sales model facility or of a
residential unit, whichever comes first.
59. To ensure that the north property line landscape buffer is continuous at the rear of lots
8 and 9, either move the proposed city utility easement six (6) feet to the south so that
the city utility easement does not encroach the landscape buffer easement or re-route
the utility easement to run north and south between lots 9 and 10.
60. It is recommended that the approved landscape buffer easement and planting be
continued along the east and north sides of the land identified on the submitted plans as
Open Parcel Area (Undisturbed). The buffer should terminate at the east side of S.W.
8th Street at the northwest corner of the PUD. This recommendation may be omitted if
the City Forester/Environmentalist determines that the existing landscape material
located on the aDen parcel creates a buffer eaual to the aooroved buffer.
lfl
INCLUDE
REJECT
-~
~
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~?~
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: WOOLBRIGHT PLACE PUD
APPLICANT'S AGENT: Michael Morton,
DATE OF HEARING BEFORE CITY COMMISSION: 9/4/96
TYPE OF RELIEF SOUGHT: Reauest for Master Plan Modification
LOCATION OF PROPERTY: Woolbriaht Place PUD, a 14.05 acre parcel which is
located on the east side of Southwest 8th Street. and is approximatelv 2.250 feet north
of Woolbriaht Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of
Boynton Beach, Florida on the date of hearing stated above, The City Commission
having considered the relief sought by the applicant and heard testimony from the
applicant, members of city administrative staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner
consistent with the requirements of the City's Land Development Regulations,
2. The Applicant
../ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The Applicant's application for relief is hereby
:; GRANTED subject to the conditions marked as "include" in
Exhibit "F" hereto,
, DENIED
4, This Order shall take effect immediately upon issuance by the City Clerk,
5. All further development on the property shall be made in accordance with
the ter.ms and conditions of this order,
j
21
DATED:
'-,
6.
Qt~~: ~ ~/)/T/d~ Ibnmat-?5
flO", 'I1/lJiW,7/1,/ ~77lY' {f-'
September 4. 1996
~"'/:l---V-,;::k ~u, " "
Cit Clerk .
a:dll\lOrd, wol
1lI4/96
,
I
~o,
L0CATION l\il~?
WOOLBRIGHT PLACE P.U.D.
POD 1
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EXHIBIT "F"
'-
Conditions of Approval
Projeet name: Woolbright Place PUD (POD 1)
File number: MPMD 96-005
Reference: The plans consist of 3 sheets identified as 2nd Review, Master Plan Modification, File #MPMD 96-005 witt
Z
August 16, 1996 Planning and oning Department date stamp marking.
DEPARTMENTS INCLUDE REJE(
PUBLIC WORKS
- . NONE
UTILITIES
Comments:
1. The utility easement located in the rear of units 8 and 9 shall be located so that large /
canopy-style trees do not overhang into the easement. Palm trees and shrubs may be
placed within the easement, but not over the force main, The easement shall also extend
at least 10 feet from the force main to the easement line on the building side, so as to
prevent encroachment by future structures including pools, screen rooms, etc,.
2. The same conditions shall apply to that portion of the easement running in a general v'
north/south direction (i,e. no overhang by large trees into the easement).
FIRE
.....
POLICE
Comments:
3. In regard to the entrance seeurity gate, a system that is accessible via telephone by the
police/fire/utility departments. The telephone number would be made available to V
police/fire/utility communications. VVhen entrance to the area is necessary,
communications would activate the gates by telephoning the given number. This type
of system allows for maximum security and less number of people knowing the
telephone/access number,
DEVELOPMENT DEPARTMENT
Comments:
4. No building structure, screen enclosure, pool, or portion thereof is allowed within j
setbacks, either now or in the future. Chap,1, Art.lI,pg,1-30.
5. Project shall have underground utilities to residential units. Chap. 2.5, Sec.9E, pg.2.5-7. V
6. Show the locations of all temporary structures or permanent structures having a ../
temporary use. Provide a statement ouUining the temporary use and when they will be
removed. Chap.3, Art.IV, See.3R, pg.3-S.
7. Provide a master stormwater management plan. Chap.3, Art.lV, Sec,3T, pg,3-6. ../
. V
8. Site plan review and approval required. Chap.4, Sec.2, pg.4-1.
9 Plat review and approval required. Chap.5, Art. II, Sec,1, pg,S-1. ../
10. Provide certification by Developer's Engineer that drainage plan complies with all city V
codes and standards. Chap.6, Art.lV, See. SA, pg.6-7 and Chap.23, Art,IIF, pg.23-8.
11. Locate all drainage easements. Chap.6, Art.IV, Sec.6B, pg,6-9. .)
12. Minimum street right-of-way width for a local street with 2 mountable curbs is 50 feet; with /
swales minimum right-of-way width is 60 feet. Chap.6, Art.lV, Sec.10C, pg.6-11,
13. Need SFWMD and LWDD acceptance prior to Engineering approval. Chap.6, Art,VlI, J
Sec.4B, pg.6-24.
14. Applicant's attention is directed to Chap.7, pg.7-1 regarding surety requirements. ,;
15, All landscaped areas shall be provided with an automatic water supply system. Chap.7.S, ./
Art, II, Sec.5B, pg,7.5-14.
16, Provide stop signs and stop bars in accordance with the "Manual on Uniform Traffic /
Control Devices". Chao.23 Art,IIB2, PQ.23-7.
31
Page 2
Woolbright PIt PUD (POD 1)
File No, MPM~ .A5-005
DEPARTMENTS INCLUDE REJEI
17, All plans submitted for specific permits shall meet the city's code requirements at time of
application, These permits include, but are not limited to the following: site lighting, )
paving, drainage, curbing, landscaping, irrigation and traffic control devices, Permits
required from agencies such as the FOOT, PBC, SFWMD and any other permitting
agency shall be included with your permit request. ,
18, Revise documents to reflect all comments. \/'"
19, Verify which roads require naming (for mail delivery) with U.S. Postal Service.
20. Indicate name of subdivision, Chap.3, Sec.3A, pg. 3-4. /
21. Show location, names and elevations of adjacent subdivisions. Chap.3, Sec.3E, pg.3-4. /
22, Show topographical conditions on tract. Chap.3, Sec.3G, pg.3-4, ./
23. Provide generalized statement of subsurface conditions, Chap,3, Sec. 3M, pg.3-5, V
24. Show utilities on or adjacent to the tract. Chap,3, Sec.30, pg.3-5, ./
25. Dead end streets are prohibited. Chap.6, Art.IV, Sec,10T, pg,6-14. v'
26. Permits must be obtained for work within R.O.W. Chap.22, Art,lI, Sec.7A, pg,22-3, v"
27, Complete irrigated landscaping in S.W. 8th Street R,O,W. including medians and areas
outside pavement edges prior to recording of plat. This includes entire R.O.W. from /
approximately the south edge of the 14.18 acre church parcel to north terminus of S.W.
8th Street construction. Landscape design must be approved by the City Forester prior
to installation, and the installation itself must be accepted by the City Forester prior to
recording of plat.
28, Show location of relocated 12' utility easement approved by Resolution R95-66. t/'
29. It is recommended that the streets are paved in two lifts. -/'
FORESTER/ENVIRONMENTALIST
Comments:
30. The applicant should submit landscape and irrigation plans for S.W. 8th Street
medians and right-of-ways. The plans should be reviewed and approved by the J
Technical Review committee (TRC) for any possible conflicts. The plans should
show quantities, specifications and species of trees with any understory plantings. A
note should be on the plans that the maintenance of the landscape/irrigation
improvements will be provided by the applicanfs commercial association.
31, The undisturbed open area portion of the site can be evaluated as a vegetative, visual
barrier only after all of the exotic vegetation has been removed from the site. There
may be voids in the visual buffer after the clearing of exotics that will have to be j
landscaped with native species and receive water until established. The present
elevation of this open area is higher than S.W. 8th Street and may change as part of
the project. These activities may affect whether the undisturbed open area can be
used as a visual buffer rather than the applicant planting/irrigating a new buffer along
the western perimeter of the project. The project should continue in the normal review
PARKS AND RECREATION
Comments:
32. As the developer has chosen not to provide five private basic park requirements, the V
submittal does not Qualify for one-half credit for private recreation.
33. Based on the number of single family units, the following recreation fee applies:
84 single-family units X .0180 = 1.512 acres
As the developer has already paid one-half of the fee. his dedication is: 1,512 divided by
2 = .756 acres, Fee in lieu of land is recommended,
3~
Page 3
Woolbright PI~ PUD (POD 1)
File No. MPMD 96-005
DEPARTMENTS INCLUDE REJE(
PLANNING AND ZONING
Comments:
34, To provide a more efficient layout of the project regarding street design for services
provided by the city such as fire rescue, emergency services and sanitation pick-up, it j
is recommended that the lot design in the northeast and southwest portions of the project
be redesigned by omitting lots or creating pie shaped lots on a street radius rather than
allowing the short dead end streets that do not have a cul-de-sac turn-around.
35. Submit a landscape plan for the area identified as open parcel area (undisturbed). The J
plan shall include grading elevations, type of landscape material. plant material
specifications including type of lawn grass and irrigation requirements.
36. All parking spaces provided or required for the recreation pool area shall be designed to J
comply with the city regulations specified in the City's land Development Regulations,
Chapter 23 - Parking Lots, Amend the plan accordingly.
37. To maintain consistency regarding the building setback for the perimeter of the project J
it is recommended that the proposed forty (40) foot building setback remain around the
perimeter of the portion of the site titled Open Parcel Area (Undisturbed), including the
south property line of the proposed tract.
38. On sheet MP1 of 2. identify the new name of Morton's Way, as specified in resolution J
R96-112,
39, On sheet MP1 of 2, change general note 1 and 3 to reflect the method the developer is J
or has complied with the city's recreation requirement for the entire PUD, In describing
the approved or proposed method, delineate the compliance by showing the
computations per each pod or parcel within the PUD.
40, It is recommended that a twenty (20) foot setback be established around the recreation V
pool area. Show and dimension on sheet MP2 of 2, the 20 foot setback for structures
and all recreation amenities.
41. It is recommended that the depth of lots 71 through 77 be reduced 0.5 feet to allow the
depth of lots 78 through 84 to be increased from 95 feet to 95,5 feet which would if
establish a minimum lot size for the development of 4,037.5 square feet rather than the
proposed 3.990 square feel The present minimum lot size, in the city for single-family
detached units, is 4,000 square feel
42. To clarify the minimum standards for the PUO, amend the project summary note 7 found
on sheet MP2 of 2 as follows: .1
Minimum lot size: 42' X 95.5' (4,037.5 square feet)
Minimum lot frontage 42'.
. lot frontage shall be measured at the 15 foot front setback line for the following
irregular shaped lots; 1-8 and 45-48.
.
43. On sheet MP1 of 2, add a general note indicating that the PUD is subject to the /
conditions of approval of City of Boynton Beach Resolution R96-112 regarding the
reduction in the width of Morton's Way,
44. Add to the master plan submittal the previously approved landscape plans for S. W. 8th ~
Street, the water management area, lake plantings and the preservation area
requirements,
45. Add to the site data found on sheet MP1 of 2, the density (number of dwelling units per /
acre) represented for the gross acreage of the PUD. Also identify the land use
classification of the PUD as defined on the City's Future land Use Map.
46. On sheet MP1 of 2, amend the south border of the Woolbright Place PUD on the west
side of S.W. 8th Street to correctly identify the property line that separates the Woolbright
Place PUO from the Shoppes of Woolbright PCD as established by Ordinance 89-18.
Ordinance 89-18 is the ordinance that established the PUD. Rectify the Woolbright Place V
PUD plat documents to correspond with Ordinance 89-18. It is recommended that the
land shown on the master plan within the Church Parcel that is not zoned PUD be
rezoned, by the applicant, from PCD to PUD, unless otherwise determined unnecessary
by the city attorney, Amend the legal description, plans and site data on sheet MP1 of
2 accordingly.
47, Sheet MP1 of 2 indicates that Pod 1 will have 5 common recreation amenities; however, V
the olans only reflect a 0001. Correct the plans accordinqly,
33
Page 4
Woolbright PI( ':)UD (POD 1)
File No. MPMD 96-005
DEPARTMENTS INCLUDE REJEC
48. On sheet MP2 of 2. modify general note 1 to indicate the 0.32 acre private recreation
tract, the 1,47 acre open area parcel and the 2.64 acre private road tract located within J
Pod 1 are owned, operated and perpetually maintained by the projects homeowner's
association. Include any other land area that is proposed to be common land for the
development.
49. To clarify general note 4 found on MP2 of 2. move the note to sheet MP1 of 2 and show
on the plan the location size, and shape of the medians adjacent to the street frontage j
of the subject PUD, It is recommended that the last three words of note 4 be changed
from homeowner's association to Woolbright Place Master Association, Inc.
50. Prior to plat approval of Pod 1. Homeowner's Association documents will be required to j
be submitted for review by staff. The documents shall comply with the specifications
identified in Chapter 2.5 - Planned Unit Development, Section 6 and Chapter 5 - Platting,
Article V. Section 1 D 11 of the City's Land Development Reaulations.
51, On sheet MP1 of 2 modify general note 9 by omitting the last sentence and adding the J
words "as defined on each plat within the PUD" before the period at the end of the first
sentence.
52. To clarify the issue regarding location of fences on perimeter lots within Pod 1, move J
general note 9 found on sheet MP1 of 2 to sheet MP2 of 2 and place it below the typical
lot drawings depicting lots with perimeter landscape buffer easements.
53, To clarify the areas of the project that will require site plan review, add text to general j
note 12 found on sheet MP2 of 2 indicating that site plan review is also required for the
site wall or fence, landscaping for the open parcel and project signage located at the
entrance to the site.
54. To provide privacy for lots 1 and 48. it is recommended that a common ground tract of I
land be shown on both sides of the entrance roact This can be accomplished by moving
the adjacent row of lots to the north and south.
55. To provide privacy for lot 84 which is abutting the east side of the proposed private /
recreation pool, it is recommended that either the pool and cabana exchange locations
or the cabana and pool be rotated ninety (90) degrees in a clockwise direction.
56. Specify on sheet MP1 of 2, the approved total peak hour trips that are allocated for the J
PUD and indicate how may trips are generated for the existing and proposed
develoDment for each parcel or cod identified on the master Dlan.
3LJ
. Page 5
Woolbright PI: PUD (POD 1)
File No. MPML. .16-005
DEPARTMENTS
INCLUDE
REJEI
57,
To install the buffer plan proposed by the applicant (25 feet wide abutting the north
property line of the PUO) in compliance with the FPL guidelines regarding planting trees
near overhead power lines, the tree materials identified on the plan would have to be
changed. The reason the tree material should be changed is that the north portion of the
proposed buffer overlaps a five toot wide utility easement that has overhead power lines.
One-half of the five (5) foot wide utility easement occupies the north 2.5 feet of lots 8
through 22. It is recommended that prior to plat approval the applicant submit a site
plan review request that depicts the buffer planting plans for all areas of the project that
include buffer plantings on single-family platted lots. The submittal shall include
planting plans for the north buffer that have been reviewed and approved by FPL. If the
FPL approval requires the omission of trees, reduction in tree size specifications or
change in location of tree material the. north buffer easement and plantings shall be
moved into the site a distance that would allow FPL to approve the proposed planting
scheme and recommended planting specifications. The below listed planting changes
and specifications are recommended to be added to the proposed plan to describe a
typical 100 foot section of the buffer.
J
Tre..: Specify the two (2) Red Cedar trees, three (3) Slash Pines, one (1) Live Oak,
two (2) Gumbo Limbo and three (3) Sabal Palm trees shall be twelve (12) feet tall at time
of planting,
Hedge.: Show fitty-one (51), twenty-four inch to thirty-six (24 to 36)inch tall Coco
Plum plants along the top of the four toot tall berm and space the plants 2 feet on center,
The plants shall form a continuous hedge row the entire length of the buffer.
Shruba: The 24 Saw Palmetto plants shown on the plan shall be thirty to thirty-six
(30-36) inches tall (15 gallon) at time of planting, Install forty-eight (48), thirty-six inch to
forty-eight (36 to 48) inch tall Myrsine plants, spaced five (5) foot on center, alternating
12 plants each side of the top of the berm 25 foot intervals. For each 100 lineal feet of
butter alternate Myrsine, Randia, Wax Myrtle, Florida Privet, Wild Coffee and Necklace
Pod plants. The shrubs shall be placed in a manner to form a meandering shape of the
buffer as viewed from the plan view.
Ground Cover: Omit the Purple and Yellow Lantana plants (deciduous) and replace
with a total of two hundred (200), 12 to 18 inch tall Liriope plants (evergreen), The Liriope
shall be planted on 12 inch centers with 100 plants installed on each side of the berm for
each 75 or 100 foot section of the buffer. The Liriope plants shall be installed to
accentuate the meandering shape of buffer.
It is reeefftlM"ded IMt thIs eRliN by.r be IRltalled pRer te &he illY3AQe ef the ~ .IIAt'/'7. .tW~
Oe~ifi~te of., O~I'8"ey ef 8"Y ~~er-eatieR stR::.lstYFe, &al.& fMed., teeilit}-' 8r ef a ~qUF4Il'S
sS-
Page 6
Woolbright PI- ,PUD (POD 1)
File No. MPMD 96-005
DEPARTMENTS
58. To install the approved 25 foot wide landscape buffer plan, as identified in Resolution
R92-210, in compliance with the FPL guidelines regarding proximity of large trees to
overhead power lines, the location of the buffer, berm and large trees within the buffer
will have to be relocated so that the row of large trees shown on the north side of the plan
are 30 feet away from the power lines. The Slash Pine, Live Oak and Gumbo Limbo trees
identified on the approved plan are listed as large trees in the FPL brochure. It is
recommended that prior to plat approval the applicant submit a site plan review request
that depicts the buffer planting plans for all areas of the project that include buffer
plantings on single-family platted lots. The submittal shall include planting plans of the
north buffer that have been reviewed and approved by FPL. If the FPL approval requires
trees to be omitted or a reduction in size specifications or change in location of tree
material the north buffer easement and plantings shall be moved into the site a distance
consistent with FPL specifications. The below listed planting changes and specification
are recommended to be added to the approved buffer plan to clarify a typical section of
buffer plan.
Trees: First one hundred lineal feet of buffer plant three (3) (fifty foot on center), 12 to
14 foot tall Live Oak trees placed three feet from the north side of the 25 foot wide buffer
easement and plant two (2) (fifty foot on center altemating spacing from the oaks located
on the north side of the buffer), 12 to 14 foot tall Live Oak trees placed three feet north
of the south side of the buffer easement. The next seventy-five feet of the buffer install
a grouping fourteen (14) (ten feet on center), 12 to 14 foot tall Slash Pines (7 on each
side of the top of the berm). For the next one hundred feet of buffer plant three (3) (fifty
foot on center), 12 to 14 foot tall Gumbo Limbo trees placed three feet from the north side
of the 25 foot wide buffer and plant two (2) (fifty foot on center altemating spacing from
the gumbo limbo located on the north side of the buffer), 12 to 14 foot tall Gumbo Limbo
trees placed three feet north of the south side of the buffer, The previous three sections
of tree plantings shall be repeated the entire length of the landscape buffer easement.
Hedges: Install, fifty-one (51), twenty-four inch ~o thirty-six (24 to 36) inch tall Coco
Plum plants along the top of the four foot tall berm and space the plants 2 feet on center.
The plants shall form a continuous hedge row the entire length of the buffer, For each
100 foot or 75 foot section of the buffer Coco Plum and Wax Myrtle plants shall be
alternated.
Shrubs: Spot plant forty (40), forty-eight to sixty (48 to 60) inch tall, at time of planting,
containerized Saw Palmetto palms around each group of 14 Slash Pine trees (20 palms
on each side of the top of the berm). Install, forty-eight (48), thirty-six inch to forty-eight
(36 to 48) inch taN Randia plants, five (5) foot on center, alternating 12 plants each side
of the top of the berm at 25 foot intervals. For each 75 or 100 foot section of the buffer
alternate Randla, Myrslne, Florida Privet, Wild Coffee or Necklace Pod plants. The
shrubs shall be placed in a manner to form a meandering shape of the buffer as viewed
from the plan view.
Ground Cover: Omit the Lantana plants (deciduous) and replace with a total of two
hundred (200), 12 to 18 inch tall Liriope plants (ever~'gen). The Liriope shall be planted
on 12 inch centers with 100 plants installed on eac Je of the berm at each 100 foot or
75 foot typical section, The plants are to be placee ,:: accentuate the meandering shape
of the buffer, One hundred (100) Fakahatchee grass or Liriope plants may be alternated
each 100 foot or 75 foot section of the buffer.
59.
It is recommended that this entire buffer be installed prior to the issuance of the
Certificate of Occupancy of any recreation structure, sales model facility or of a
residential unit, whichever comes first
To ensure that the north property line landscape buffer is continuous at the rear of lots
8 and 9, either move the proposed city utility easement six (6) feet to the south so that
the city utility easement does not encroach the landscape buffer easement or re-route
the utility easement to run north and south between lots 9 and 10.
It is recommended that the approved landscape buffer easement an~ planting be
continued along the east and north sides of the land identified on the submitted plans as
Open Parcel Area (Undisturbed), The buffer should terminate at the east side of S,W.
8th Street at the northwest corner of the PUD. This recommendation may be omitted if
the City Forester/Environmentalist determines that the existing landscape material
located on the ODen Darcel creates a buffer eaual to the aooroved buffer.
60.
3~
INCLUDE
REJE
/
\ /!.'C( re7J
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I
Page 7
Woolbright Pia ,.)UD (POD 1)
File No, MPMD 96-005
DEPARTMENTS INCLUDE REJEC
61, To clarify the specie and spacing of the planting proposed for the south and east
landscape buffer easement, indicate on the plans that the trees, hedges and shrubs shall
be native and the hedges shall form a continuous row installed two (2) foot on center. J
Further specify on the plan that the mass planting shall be installed two (2) foot on center
and at least 10 plants shall be installed for each forty-two (42) lineal feet of buffer. Also,
specify on the plan the height and slope of the berm,
62, Lots 22 and 44 are nonconforming lots with regards to the minimum frontage of 42 feet,
specified on the plan. Correct the plans to show no less than a 42 foot frontage on all if
lots.
63, Add to the plan a continuous sidewalk within the right-of-way between lots 4 and 8. v
64, To provide a street system that will allow proper access by city services to the
development that is located north of the subject site, it is recommended that the vi
developer build a cul-de-sac to city standards at the east end of S. W. 4th Avenue.
Following city approval of the street construction, the developer shall dedicate the right-
of-way to the city,
65. Show on sheet MP1 of 2) the five (5) foot tall landscape berm with ficus hedge (located
at the highest point of the berm) that is described in resolution number R95-65 as I
required along the west property line of the PUD with the exception of the church parcel.
Also, list on the plan the landscape and berm specifications that are described in the
resolution.
66. On sheet MP1 of 2, add the typical cross section drawing of Morton's Way, as it is
depicted in resolution number R95-65, Also add to the drawing the approved
configuration of the pavement for the Industrial Access Road including the landscaping I
and sidewalk referenced in the resolution. If the location of the three (3) curb cuts
proposed for the south side of the road are not known at this time, place a note on the
plan referencing that three curb cuts are proposed and they will be installed to city
standards.
67. On sheet MP1 of 2 revise site data note B to reflect the title of the pods where the multi- if
family units are located,
68, To provide clarity in determining all the setbacks for the project, it is recommended that
typicallotlunit detail drawings be added to sheet MP2 of 2. The drawings shall include
dimensioned setbacks for the building, screen enclosures, pools and easements, The
detail drawing shaY include a typical lot. corner lot, perimeter lots for each border of the I
project, cul-de-sac lots and any other special or irregular shaped lol Include within the
typical drawing the location of proposed or easements of record. Below the drawings
identify the specific lot number(s) that the detail drawing represents. Ensure that the
detail drawings represent all lots proposed for the development.
69, Modify the temporary model center area to show no less than three (3) parking spaces j
per each residential model.
70, It is recommended that the maximum height of the single-family structures be established
at 21 feet. This height is consistent with the height limitation on the homes that are ~ If. 0i11 {luV~
located to the north in the R-1A (Single-Family Residential) zoning district. Amend the {/mma, ~:i?
site data on sheet 2 of 2 accordingly.
71, With a distinguishable symbol, identify on sheet MP2 of 2 the front of the following lots; j
1, 8, 23, 45, 48, 49, 57, 58,66,67, 77 and 78
72. It is recommended that a ten (10) toot wide landscape buffer easement, located along
S.W. 8th Street, be extended to the north limit of the PUD. The entire buffer shall include
a two (2) foot tall berm (centered in the new landscape buffer easement) and the material j
planted in the easement shall match the landscape scheme of the landscaping along the
south border of the subject project. The landscape material shall be located in a
landscape easement and the easement dedication shall place the maintenance of the
landscape material and irrigation as the responsibility of the H.O.A..
73, Submit for permit review plans showing the S.W. 8th Street approved landscaping (plans j
located in the Development Department) that abuts the Woolbright Place PUD. The
I landscaping shall be installed and approved by the city landscape inspector prior to the
plat being recorded for Pod 1 or 90 days following the Planning and Development Board
accroval of the subiect master clan modification whichever comes first.
31
Page 8
Wcolbright PIE 'UD (POD 1)
File No, MPMD ~-OO5
DEPARTMENTS INCLUDE REJEC
74. To establish, a minimum floor area for the proposed units that is comparable to the
minimum floor area required in the single-family homes abutting the project to the /
north, it is recommended that additional information be added to project summary
note number 5 found on sheet MP2 of 2 indicating that 1,250 square feet is the
minimum floor area. Also add to note 5 the required square footage regulations listed
in Section 4. K. of Chapter 2 - Zoning of the City's land development Regulations.
75. Provide proper authorization, for the subject request, by submit written verification V
from the board of directors of the Woolbright Place Master Association, Inc. indicating
that Richard C. Wohlfarth, P,E. of CCl Consultants, Inc, is their representative,
76, Submission of a rectified master plan showing compliance with the conditions of approval V
for the project will be required to be submitted to the Planning and Zoning Department,
in triplicate, prior to platting and/or site plan review for the PUD,
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
77. To be detemimed.
ADDITIONAL CITY COMMISSION CONDITIONS
78. To be determined.
MEH:bme
8\COMWOOL,WPD
3'
ADDITIONAL CONDITIONS FROM COMMISSION MEETING
L Minimum street ROW width for a local street with 2 mountable curbs is 40 feet: with
swales minimum ROW width is 60 feet (replaces reiected condition 12)
b Clarification of condition 57: Last paragraph to read: the entire berm to be installed
within 90 days from plat approval. Failure to complete construction shall operate to bar the
issuance of any additional permits and certificates of occupancy.
~ Clarification of condition 70: Maximum height established at 30',
4. In the utility easement at the rear oflots 8 & 9 the landscaping plan is amended to
substitute two (2) palm trees for each gumbo cimbo or oak tree or slash pines.
JC)
:1
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RESOLUTION NO. R95~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BE'IWEEN THE CITY OF BOYNTON BEACH AND
HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE, JOINT VENTURE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tradewinds Development Corporation and the City
of Boynton Beach have heretofore been engaged in lengthy
litigation over the development of property located in Boynton
Beach, Florida, which litigation is subject to stipulations
and jUdgments entered in Palm Beach County Circuit Court, Case
Nos. CL 86-3661 and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place,
, Joint Venture, is the successor in interest to the rights of
.i Tradewinds and is the sole owner of the property which was the
;~ subj ect of the above referenced litigation; and
!
I WHEREAS, the parties desire to enter into an Agreement,
I which shall supersede all previous agreements, stipulations
,I and judgments concerning the rights of the parties as it
:, relates to the development of the subject property;
NOIf, THEREFORE, BE IT RESOLVED BY THE CITY CODISSION OF
!/ THE CITY OF BOYNTON BEACH, FLORIDA, THAT!
TO:
~c.1Jh6 /I/J,!"lcl,-lit,y ;1f/;1/b 1~ -CfV,:S'"
~jV~ &BfJ1J TTIJL
December 5,1995
Suzanne Kruse, City Clerk
Rose Marie Lamanna, Legal Assistant
(0'4
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FROM:
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RE: Tradewinds Settlement Documents
Pursuant to our discussion, attached are copies of the following documents, which
should be attached to Resolution No. R95-65:
1. Agreement between the City of Boynton beach and Howard Schar./in Trustee
for Woolbright Place, Joint Venture, dated November 7, 1995; ,
2.
Beach;
General Release of Woolbright Place Joint Venture to the City of Boynton
3.
General Release of Howard Scharlin to the City of Boynton Beach.
The check referenced in flem No. 16 has been deposited by our Finance
Department and I am forwarding the original documents to Palm Beach County for
recording,
sl
Encs. as stated
Hand Delivered
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT
PLACE
JOINT
i' .
/. '1 ----;r,(
,
VENTURE
("SCHARLIN") ,
this
/ /' ,.J,
/(/
, 1995.
~
day
of
WITNESSETH
WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the
WOolbright Place Joint Venture ("Woolbright") and the CITY have
heretofore been engaged in lengthy litigation OVer the development
of property located in Boynton Beach, Florida, which litigation is
subject to stipulations and jUdgments entered in Palm Beach County
Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, is the true party in interest to the rights of TRADEWINDS
and is the sole owner of the property which was the subject of the
above referenced litigation; and
WHEREAS, Scharlin desires to enter into an Agreement with the
. .
CITY which shall confirm the good standing of the parties under the
stipulations and jUdgements entered in the above referenced
litigation, and;
WHEREAS, the parties have engaged in negotiations which are
intended to resolve all current and future development issues with
respect to the real property identified in the above referenced
litigation, including issues involving the interpretation of .the
previous stipulations entered into
the
Court Orders implementing same; and
Final 5/16/95
""""7 '~I
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WHEREAS, the parties have agreed upon the terms that will
bring the litigation between them to a final conclusion in a manner
which is equally beneficial to all interested parties, and to the
citizens of the CITY; and
WHEREAS, SCHARLIN has represented to the CITY that Scharlin
is the only party who holds legal title to the property which is
the subj ect of this litigation and represents all those with
equitable interests therein, or who has standing to enforce the
Stipulations and Orders entered into in the above referenced
litigation.
NOW, THEREFORE, in consideration of the mutual covenants
expressed and exchanged herein the parties agree as follows:
1. The foregoing whereas clauses are true and correct.
2. All references to SCHARLIN herein shall mean Howard
Scharlin, Trustee as authorized representative of owners of 100% of
beneficial interest in Woolbright, his successors or assigns.
3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the
industrial access road centered within a 50' public right-of-way
along the northern boundary of the PCD within twenty-one (21)
months of the date of this agreement including, but not limited to,
curbs and drainage. In return, the CITY agrees to abandon or
convey to SCHARLIN the southernmost 30' of the industrial road
right-of-way. The road shall be built in accordance with applicable
design standards and with the typical cross section depicted on
attached Exhibit "AU. The design shall incorporate ~ west bound
left turn lane on the industrial access road onto S.W. 8th Street,
a sidewalk along the north side of the road from S.W. 8th Street to
Final 5/16/95
'I f/~I
the eastern terminus of the road, with curbs and gutters along both
sides, and a continuous ficus hedge along the property line which
separates the PCD from the Vinings Development. . 'SCHARLIN shall
provide surety for the roadway improvements in the manqer
prescribed by the CITY's Land Development Cod~. The CITy agrees
that SCHARLIN may have no more than three (3) points of ingress and
egress to the PCD from the industrial access road, provided the
for the location of drive~ays.
access points are located fOllowing the customary approval process
-------
4.
LANDSCAPE BERM.
In addition to other berms or walls
which are required to be constructed in the PCD or PUD, SCHARLIN
shall construct irrigated landscape berm along the west boundary of
the PCD and PUD, less the church parcel, within three months of
the execution of this Agreement. The berm height shall be measured
from the elevation on the Leisureville side of the berm and may
consist of five (5) feet of earthen berm and a ficus hedge. The
berm shall be landscaped along its high point with a continuous
ficus hedge planted and maintained in accordance with the memo
dated May 11, 1995, a copy of which is attached hereto as Exhibit
"C".
5.
VESTING:
The CITY agrees that any and all CITY and
County impact fees which are required to be paid for the PUD and
PCD shall be calculated at the fee rate in effect in November, 1986
and the CITy'shall collect such 1986 impact fee from the applicant
as development orders are issued and as a condition precedent to
the issuance of any building permits. SCHARLIN shall pay all other
building and permitting fees in effect at the time of applic~ion.
Final 5/16/95
<: ADd I
u
To the extent that a category of impact fee did not exist in 1986
and was thereafter implemented by the CITY and/or County SCHARLIN
shall not be required to pay such fees. The CITY is not a party
to any agreement between SCHARLIN and Palm Beach County regarding
County impact fees. The CITY shall remit to the County any impact
fees paid by SCHARLIN to the CITY for County impact fees but the
CITY shall have no additional liability to SCHARLIN or the County
if the County demands additional fees, and SCHARLIN shall hold CITY
harmless from any such liability.
6.
USES IN THE PCD:
The parties agree that all uses
permitted under current PCD or C-J zoning regulations are
permissible in the boundaries of the current PCD, subj ect to
conditional use approv~l,by the City Commission when so designated
in the City Code'. By way of example: fast food restaurants are a '
pe rmitte d use. res tau rants with d rive t h ru a re a cond it I ona 1 use"~
reqUiring Commission approval.
7. FORCED AIR BURNING: The CITY agrees to permit one (1)
controlled air/forced air burning on the site, from the date of
this agreement, subj ect to Fire Department approval and proper
atmospheric conditions.
a . GARDEN CENTER/ACCESSORY USE: The CITY acknowle~ges that
the Home Depot Outdoor Garden Center is an accessory Use and that
said Garden Center shall not be included as part of the retail
gross leasable area.
9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the
development review procedure attached hereto as Exhibit "BIf shall
be implemented and applied to all applications by SCHARLIN for
Final 5/16/95
f, ~\
L.J "l/
further construction permitting on the property. The CITY further
agrees that upon receipt of applications as required by applicable
ordinances, it shall process master plan modifications and site
plans in accordance with the schedule attached as EXhibit nsn.
10. SCHARLIN shall be required to bond all required
subdivision improvements including on and off-site improvements
required by CITX Code.
11. MASTER PLAN MODIFICATION: Nothing herein shall. prevent
SCHARLIN from seeking modification of the current master plan.
Notwithstanding any previous requirement, additional commercial
buildings need not be attached to the Home Depot Garden Center.
Master Plan modifications shall be conducted in accordance with the
procedures in place at time of application for same.
12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall
have the right to phase development of the peD and/or the PUD as
well as sever portions of the property from the PUD or PCD,
provided, however, that the phasing of any improvements which are
required by the subdivision and platting regulations shall be in
accordance with the revised master plans submitted by SCHARLIN and
approved by the CITY, and phasing of said improvements is
reasonab~y related to the land Uses that are proposed in the
particular phase.
13 . ADDITIONAL CURS CUTS:
Notwithstanding any prior
agreement, SCHARLIN may request additional curb cuts along S.W. 8th
Street. Approval shall be subject to customary review and hearing
for traffic flow and safety considerations.
14.
RELEASE AND SETTLEMENT:
Upon execution of this
Final 5/16/95
1 bd-l
v
Agreement by both parties and approval by Court order all prior
stipulations, agreements, letters of understanding, negotiations
shall be deemed in good standing and satisfied and the future
rights of the parties shall be governed by this Agreement and the
applicable provisions of the CITY Code of ordinances, as that Code
is amended from time to time. SCHARLIN shall provide to the CITY
a General Release from SCHARLIN, ~...:f-~.4.P"i' ~j""~.
.
t~1 If WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON
releasing the CITY from all claims or actions accrued or
outstanding which either has or may assert against the CITY, except
those claims or actions which may accrue in the future based Upon
either party's failure to comply with any provision of this
Agreement.
15. COMMISSION/COURT APPROVAL: This Agreement shall have no
force and effect until approved by a majority of the CITY
Commission and the entry of an Order approving a stipulation for
Settlement and Dismissal referencing the terms of this Agreement.
16 . ATTORNEY FEES:
SCHARLIN shall pay to the CITY Five
Thousand ($5,000.00) DOllars, representing attorney fees and costs
incurred by the CITY in this action.
17. CODE COMPLIANCE: The parties agree that unless herein
stipulated, all current and future activities will be governed by
City Codes and Regulations in force and effect upon the date of
application for an activity.
18. REQUIRED IMPROVEMENTS:
SCHARLIN agrees to complete
construction of all required improvements including, but not
limited to, the industrial access road referenced in paragraph 3
Final 5/16/95
"0, ;,j ^. i
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"
above, and previously required landscaping.
SCHARLIN further
agrees to provide 110% surety for all required improvements and to
complete the required improvement within twenty-one (21) months of
t~e date of the CITY Commission accep,tanqe o~ this ~greement.
19. RIGHT-OF-WAY LICENSING AGREEloIENT: The parties agree that
the Grant of License by the CITY to SCHARLIN as recorded with Palm
Beach County on December II, 1990 (90-352210, Official Record Book
6667, Page 103) remains in full force and effect. The parties agree
to correct an error in the legal description contained therein.
20 . ENFORCEABILITY: Nothing herein shall constitute a waiver
on the part of either party to seek judicial enforcement of the
terms of this Agreement. This Agreement shall be binding on all
SUccessors or assigns of SCHARLIN.
THE CITY OF BOYNTON BEACH
by:
ATTEST:
JAC/lms
900304
AGREE. 1
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<.. H~rd Scharlin, Trustee
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Final 5/16/95
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In
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EXRIBIT B
The following procedure shall be implemented and followed by
both SCHARLIN and the CITY in the filing and processing of all
requests for development approval:
Step 1. SCHARLIN contacts the Planning Director to Schedule
a pre-application meeting.
Step 2., Written documentation outlining request should be
submitted to the Planning Director no less than five (5) business
days prior to pre-application meeting. This will permit the
Planning Director to make appropriate inquiries of other staff
members.
Step 3. Pre";'application meeting with staff. Staff will
provide comments at this meeting.
Step 4. Formal submission of application by Tradewinds.
Step 5. Staff will review application within ten (10)
business days.
Step 6. Planning Director will provide written response on
or before tenth (loth) business day following submission.
Step 7. Application will be placed on the P&D ,agenda for
next P&D meeting, if P&D meeting will occur within two {2} weeks.
If P&D meeting is not within two (2) weeks, a special P&D meeting
will be called. Developer may, at its discretion, request delay of
the Planning and Development Board meeting but such request must be
in writing.
Step 8. Following P&D action, application placed on next
City Commission agenda.
Final 5/16/95
I f) jD~)
In the event that public notice is required by City ordinance
of meetings under Step 7 and Step 8 shall be extended to meet the
or state law for public hearing, then in that event, the scheduling
notice requirements of law.
Final 5/16/95
11f', -.1' \
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PALM BEACH PHONE (407)7:3:
lliiSURE-Yifl.E COMMUNITY ASSOCIATION, INC.
- .
IC07 OCEAN DRIve I eOYNTOH BEACH, FLORIDA ~21
m
MAY'2~
m
MEMO
ENGINEERING_
To:
From:
Subject:
Date:
CARRIE PARKER, CITY MANAGER
PETERJ. KELLY. PJU;SIDBNT. PALM BEACH LEISUllEYlLLE
MEETINa REGARDING BERM ErC. 8TH A VB
May IJ, 1995
;
Today, r met with Mr. Houlihan, Mr. Hallaad Milee Monon. Thls meel/na wu c:aIJed
tOBcthcr by Mr. Ken HaU.
Mor disclUsion, tho followina wu Isreod Upon pendin, Ippron/9fthe CIty MaOapr.
1. Berm 10 be Illinimwn of S feet lIip with . 3 pl. Xed,e pllllted on top. TIUs bcnu
iJ 10 be tlperod and hodge planled to point of Intel'loctJoo of old .t _ road.
2. Hedge to be conliriued /tom thlt point to the utlllly box on _t side oflth Ave. and
will be a 58al hedBe.
3. Irrigltlon will be connected inlo PB Lelsuroville irrigal/OlI SYSlem
4.Mr. Molton will do the berm planting and hedging and all colllleclions to irrigation system.
S. He will be respODSl'b/e for IIIIinWnins lI1e entire bono and be leSpolllible for the irriplion.
! .
6. PB LeiJure>iUe will maintain the hedge /tom lI1e poiol oflnlcnectlon 10 the and of tho hedse.
We wiIl also iniBatc the area.
All the eboye cOnditiona are Igreed upon only if'they Igreo with the conditJons Set fortll
by Ms: Carrie Puker, CIty Manascr.
Thank you.
~z,:,,_ '~~
Peter 1. Kelly, Prelident~
Board ofOirectol1
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THJS INURlItiUT pRiPAAm IY
I. RETWiN TO:
JNES A. CHEROf, ISCiIU%aG
JOSIAS , GOIlU, P.A.
3099 hat CClIIIercial IGulev8rd
Suite 200
Fort Lauderdale, Fl 33308
GEl-mM!: ULBASJS
KNOW ALL MEN B~ THESE PRES::N':'S: That WOOLBRI:GHT PLACE JOINT
VEN~~~E, first party, for and in consideration of the sum of Ten
and NO/lOa ($10.00) DOLLARs, or other valUable considerations,
received from or on behalf of THE CZTY OF BOYNTON BEACH, second
party, receipt whereof is hereby acknowledged.
(Wherever used herein the terms II first party'. and II second
party"
shall
include
singular and plural,
heirs,
legal
representatives, and assigns ot individuals, and the successors and
assigns at corporations, whare',er the context so admits or
requires) .
IlEREBY r_ise, reI..s.., acquit, satisfy, antforev.e~~ discl>arqe .
lQ i~ '\W. Q,.~-f '-"" ~,.. P"l!.~ ,. ^ -.t.&. "e~.w..r ~,.,. h...J /II.
/~""Uf"ll'" C!:!'1 tIJ... \,t...iHr... '} c.d 11-1-,,,: ..::l
the said second Party, ot and ~om al~, an all manner of action ~
and actions, caUSe and causes or action, suits, debts, dues, sums
of money, accounts, reCkonings, bonds, bills, specialties,
'.
contracts,
controversies,
agreements,
promises,
covenants,
variances, trespassec, damagQs, jUdgments, executions, claims and
demands wh~tsoev.r, in la~ yr in equity, which said first party
ever had, now has, or which. any personal representat1vaa,
successor, heir or assign of said first party, hereafter can, shall
or may have, against said second party, far, upon or by reason of
i L( 0 -cr.)
any matter, cause or thing- vhat,:;oever, r:rom the beginning Of th~
world to the day of these p~eseuts.
IN WITNESS WHEREOF, I have hereun'to set my band and seal this
~ day of A.Jw.,nJ,~r , 1995.
Signea, sealed and de~ivered
in the presence of:
( ~.IJv' ..I~d ~_.
Y_. n 0
;-.en I t:l ~c; 17 t! It l'Z.
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By:,....
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STATE OF FLORIDA )
)
COUNTY OF )
I HEREBY CERrIFY that on this day. bar...,.. _. an orricar duly
authorized to ~ oaths and take acknowledgements,
personally appeared 1Iowa~ -<~~k-ErI/,... the ~.JJ/r.u or
WOOLBRIGHT PLACE JOINT VEIITUll:E. knOWl! t:o lie to be the person
des=ibad in and who exec-.1ted the roregoing instrument. .Who
acknowledge before lIIQ that he "","outed the same, is personally
known to me and ~ C!'!-~ ~~~ .not taken.
Witness my hand and official seal in the County and State last
aforesaid this i"- :' ~ay - of.' _AJP1I~Ht...h~ , 19ZL:.
~ k~4.. Jl~d ./
NOTARY PUBUC )'
Printed Ham.
My Commission Expires:
JAC/lms
900304
UOOL8RT.REL
JCENL\ SANCHEZ
NOI'AU PUlUCSfATE OF FLCRIDA
COMMISSION NO. cc::3lJJ140
MY COMMISSION EXP. L Y 4.19)8
IS' 'dJ
THIS INSTIUMEIT PREPARED .,
& RlTUlUI TO:
.wES A. CIlBOr, .1QU11I
JOSJAS & GOREI, '.A.
3099 Eut eaa.rcial Ioulev..-d
Suf'Ce 200
Fort L.auderdale. FL moa
GBNERAL RELBASB
XN'OW ALL MEN BY THESE ~SENTS: That HOWARD SCHARLrN, first
party, for and in consideration of the sum of Ten and HO/iOO
($10.00) DOLLARs, or other valUable considerations, received from
or on Qehalf of THE C~TY OF BO~TON BEACH, second pa~y, receipt
whereof is hereby acknow1edged.
party"
(Wherever Used herein the terms "first party" and "second
shall
include
singular and plural,
heirs,
legal
representatives, and assigns of individuals, and the SUccessors and
assigns of corporations, wherever the context so admits or
requires).
HEREBY remise, r.a'leas~ I acgt.;,i t, satisfy, and foraver discharge I
/l&)iU,,""C.. fJOe.&ftl"- ~~p'O",df" ~""~Se+tl~ ~/"~ be""
. SeJ..ca.ni.... -.ct ~:~ ""- ')la'l",,"- -aaAd.. ~ 11.7. 'I!o". .
the sa1d second party of and f=om al.l, and all manner of action
and actions, cause and causes af action, suits, debts, dues, aums
at money, account~, reckonings, Qonds, Qills, specialties,
covenants,
contractE,
controversies,
aqreemen'ts,
promises,
variances, trespasse3, damages, jUdgments, executions, claims and
demanas whatsoever, .i.n law or in equity, which said first party
ever had, now has, or. which any personal representatives,
successor, heir O~ aSRiqn 0:; .;ai~ t"irst party, herea:tter can, shall
or may have, a9ainst said second party, for, upon or by reason o:t
16b~1
--- --- ----
any ma1:ter, cause or! thing whataoavar, ~0lIl the beginning at th.
world ~o the day of these pxesents.
IN WITNEss WHEREOF, I have hereunto set my band and seal tbiJ:
f#L day or AJQV-t~~ " ~99S.
Signed, .ealed and daliveree
in the presence of:
I ~/bd' 4~
!<P//la. -fan~I,r!'Z: '
Printed Name ~
~~W~
E\JA~~'~ c!.. Vlck~
Printe Name ..
BY:
/7/-~: / _
/ HOWARD S~N
STATE OP FIDRIDA )
)
COUNTY OF . ) ,
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgements,
personally appeared BOWARD SCHARLrH as of
, known to me to be the person
described in and titho exeCuted the foregoing instrument, . who
aCknowledge before me that he executed the same, 1s personally
known to me and an OAth was not taken.
Wi tness my hand and o~ficial seal in the County and State last
aforesaid this g1Lday of AJI?1I~H1.-"oIr , 19.fc.
NcJ%/~~~~~/
Printed Name
My Commission Exp1res:
JAC/L_
900304
SCHARI.U'.REL
DNIA SANCHEZ
NDl'AaY PUIUC Sl'ATE a:: FLORIDA,
CXJMMIiISJON NO. CC3I1140 .
MY COMMISSION EXP. :y U9W .
/7 tb ~J
QJ/~.:i'J~
i~.!Q rAA i ~Ji ~~l Uti4ti
.lfUl<lUj~ l.i<ULP
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~
A'96 -/.$
Ann~f\mTJM ~ SRTTT.~ Al:R~~
THIS ADDENDUM is entered into this 6th day of February, 1996,
between the CITY OF BOYNTON BEACH (. CITY-) and HOWARD SCHARLIN,
TRUSTEE FOR WOOLBRIGHT PLACE. JOINT VENTURE (-SCHARLIN-'.
WHEREAs, the CITY and SCHARLZN have heretofore entered into a
Settlement Agreement which bears the dated of November 7, 1995, and
which was signed by the CITY on May 17, 1995 and by SCHARLIN on
June 21. 1995; and
WHEREAs, an additional issue of signage for the Cracker Barrel
store and restaurant has arisen which is susceptible to resolution
within the context of the Settlement Agreement; and
WHEREAS. the parties are amenable to amendment of the
Settlement Agreement by Ad~"'1dum, leaving all other terms and
conditions thereof fully and completely intact.
NOW THEREFORE. in con~ideration of the mutual r:ovenants
expressed herein. the parties agree as follows:
1. The foregoing -Whereas- clauses are true and correct.
2. The Settlement Agreement is hereby amended as follows:
A. A new Section 21 is added as follows:
SCHARLIN shall be permitted to locate
one pylon sign on property, to be
conveyed to CIacker Barrel. adjacent to
the Interstat~ 95 for the purposes of
signage for th~ Cracker Barrel store and
restaurant beinq constructed in the
Woolbright Place PCD. The sign shall be
of a size and configuration as depicted
on Exhibit -A- and shall be solely
limited to id~.ti~ing the Cracker Barrel
store and restaurant. There shall be no
directional language in the content
of the sign except · Exit ., _,
Q (, .1
1(fJ F) c;'
03/18/98 XON U; U :'.~ 1 4()7 ~41 OU.&6
MUltlUh (jiHulJt>
..
West-. In all other respects, the
sign shall be constructed in
accordance with the applicable
Building Code. Approval of this sign
is conditioned on the construction
and operation of the Cracker Barrel
store and restaurant in the
Woolbright Place PCD/PUC. In the
event the Cracker Barrel
subsequently ceases operations, the
sign and sign structure shall be
removed with a periOd of 90 days
following the discontinuance of that
business.
B! Paragraph 15'0: the Settlement Agreement shall be
amended as follows:
COMMISSION APPROVAL: This Agreement
shall have no force and effect until
approved by a majority of the City
COmmission.
TH~ eI'lY OF BOYNTON BEACH
By:
ArzwrBS'1':
(City Seal)
Trustee of
Joint Venture
JACllmh
900304
ADDENDUM. 1
, ,
/~' tfpcl J
RESOLUTION NO. ;'/P6 -/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AN ADDENDUM TO THE SETTLEMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach entered into a Settlement
Agreement with Howard Scharlin, Trustee for Woolb~ight Place, a
Joint Venture; and
WHEREAS, an additional issue regarding signage for the Cracker
Barrel store and restaurant is outstanding and subject to
resolution within the context of the comprehensive settlement
reflected in the Settlement Agreement; and
WHEREAS, the City Administration and representatives of Howare:
Scharlin, Trustee, and the Cracker Barrel have met and reached a
tentative resolution of the sign issue which requires Commission
~pproval.
CITY OF BOYNTON BEACH, FLORIDA, THAT:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
Section 1.
The Mayor and City Clerk are hereby authorized
to execute on behalf of the City, an Addendum to the Settlement
hereto as Exhibit "A".
and the City of Boynton Beach. A copy of the Addendum is attached
Agreement h'lretofoJ::'e entliillred into bet:we..n Howard Schar1!n, Trustee,
JAC/lrm
2/2/96
900182.88
rRAOEIJNO.AOO
Page 1 of 2
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Section 2. This Resolution shall become effective immediately
upon its passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS ~ DAY OF r;;..t8tR~,ti~, 1996.
CITY OF BOYNTON BEACH, FLORIDA
BY: ~4~
Mayor
-'t'. " '. . \~l'1- . (- .
Vice Mayor
,,- ./
~e!~/~
r-
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Commission
--'~~~":"'.-'
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Commissioner
ATTEST:
.~ ~
: ~ ".-"'1 J'
;CI CLERK
I:
I!
I 'I HEREBY
!approved
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CERTIFY that I have
the form of this RESOLUTION
- 1 "
, : .,/. i_~~' .(~,!'t(r.~{ (.. _
-,JAMES A. CHEROF
CITY ATTORNEY
JAC/lmh
2/2/96
900182.88
TRADEIIND.ADD
Page 2 of 2
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ij~3 9397 Fs 11'=?6
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CERTIFICATION
I, Suzanne M. Kruse, City Clerk of the City of Bo~t?n Beach, Florida, do hereby certify
that attached Resolution #R96-112, consisting of one (1) page; a map consisting of, one
(1) page and Exhibit "A" two (2) pages is a true and correct copy as it appears in the
records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 13th of August, 1996.
\-5tn~~~, -
City Clerk
August 13, 1996
\ mas
s: \cc: \ wp \certifyj
J{meriaJ's (jauway to tfu (julfstruJm
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RESOLUTION NO, R96-//~
m
fEnWfl
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A RESOLUTION OF THE CITY COMMISSION OF TtiE PlANN:j!:-
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING lOiJ/r-::::...L~~.
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ABANDONMENT OF A 3D' RIGHT -OF-
WAY ON PURPLE HEART WAY PURSUANT TO
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF BOYNTON BEACH AND HOWARD
SCHARlfN, TRUSTEE FOR WOOLBRIGHT PLACE,
JOINT VENTURE BY RESOLUTION R95-65; AND
PROVIDING AN EFFECTIVE DATE.
I
,
I, WHEREAS, by Resolution No, R95-65, the City of Boynton Beach entered into
I a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, Joint
I
, Venture, (SCHARlfN) which Agreement provided for the abandonment of the
I southernmost 30' of the industrial road right-of-way by the City to SCHARlIN;
'i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Right-of-Way Abandonment for the southerly 3D' of the right-of-way, located
on Purple He~rt Way, more particularly described in Exhibit "A", attached hereto and
made a part hereof.
Section 2, This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 6 day of August, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayo:i~ ~
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---;:;Z
Commissioner
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Commissioner ~
F J4;.~
CO issioner
ATTEST:
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. Cit Clerk
I Autha'll,res
I I abandomenlllROW
II Schar1in-811198
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Thi. in.trument wa. prepared byr
Howard R. Scharlin, Z.q.
Scharlin, Lanzetta, Cohen, Cobb , Ebin
1399 S.W. Firat Avenue, '400
Miami, n. 33130
c.i!"(jj
9397 :--~ 11 9S'
RIGHT-OF-WAY ABANDONMENT
THIS INSTRUMENT, vacating a portion of right-of-way given by
the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"CITY"), on this
/~
day of #Qt!lH..:iT, 1996 at Boynton Beach,
Florida saying thereupon:
WHEREAS, the developers of Woolbright Place Plat No.1,
according to the Plat thereof, recorded in Plat Book 67, Page 47
through 49 of the Public Records of Palm Beach County, Florida
includes dedication of a road way identified on said Plat as Tract
"A" with the street name of Morton's Way (the "Subject Road Right-
of-Way); and
WHEREAS, by resolution duly enacted by the CITY at a properly
constituted meeting of the City Council, Resolution No. 95-65, the
CITY resol ved to vacate the Southerly 30' of the Subj ect Road
Right-of-Way which is more specifically described as follows:
A portion of Tract "A" (also known as Morton's Way),
WOOLBRIGHT PLACE PLAT I, according to the Plat thereof as
recorded in Plat book 67, Pages 47 through 49, of the
Public Records, of Palm Beach County, Florida, more
particularly described as follows:
COMMENCING at the Southeast corner of Tract "E", SHOPPES
OF WOOLBRIGHT P. C. D., according to the Plat thereof
recorded in Plat Book 65, Pages 137 and 13S, Public
Records of Palm. Beach County, Florida; thence
N01034'16"W, 571.91 feet to the Northeast corner of said
Tract "E", and the POINT OF BEGINNING, thence
SSs026'13"W, along the North boundary of said Tract "E",
1125.37 feet to a point on the East boundary of Tract
"A" , (also known as: S. W. Sth Street), SHOPPES OF
WOOLBRIGHT P.C.D.; thence S37035'20"W, along said East
boundary, 46.53 feet to a point on the arc of a non-
tangent curve, concave to the Northeast, (radial line 'co
said point bears S76 0 44'26"W) ; thence Northwesterly along
the arc of said curve, having a radius of 1438.26 feet,
a central angle of 01013'04" arJan arc distance of 30.57
feet; thence N37035'20"E, 46.53 feet to a point on a line
30.00 feet North of and parallel with the North boundary
of said Tract "E"; thence NSso26'13"E, along said
parallel line, 1131.24 feet to a point on the East
boundary of said Tract "A"; thence SOlO 34'16"E, along
said East' boundary, 30.00 feet to the POINT,OF BEGINNING.
Said lands lying and situate in the City of Boynton
Beach, Palm Beach County, Florida.
/.-L. () ,.-
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eRB /397 r9 1200
DOROiHY H. wI LhEN, CLERK FS DDUNTY J ;:;"
NOW, THEREFORE, after due consideration by the City Council
with a quorum present, and in implementation of the said resolution
to vacate a portion of the Subj ect Road Right-of-way, the CITY
acting by its duly constituted officers does hereby vacate the
Southerly 30' of the Subject Road Right-of-Way. In vacating the
Southerly 30' of the Subject Road Right-of-Way, that vacated
portion of the right-of-way, without further action by any party,
becomes the Northerly 30' of Tract E of the Shoppes of Woolbright
P.C.D., according to the Plat thereof, as recorded in Plat Book 65,
Pages 137 and 138, of the Public Records of Palm Beach County,
Florida.
IN WITNESS WHEREOF, this instrum~nt is executed by the Mayor
of the City of Boynton Beach and the Mayor's signature is attested
by the City Clerk and the corporate seal of the CITY is affixed.
THE CITY OF BOYNTON BEACH
was ac
, 1996, by
of The City
as the
or WAS Rav~ proEiu9ed
By:
APPROVED AS TO FORM:
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CITY ATIORNEY
STATE OF FLORIDA
COUNTY OF PALM BEACH
me this
and
are
My Commission Expires:
~Yh.~~
N ary Public, State of Florida
n,3:Q; ..JA"'e~ M. PRA,'tV,'ro
Commi881on N rs
r~':p'f:;;;;.- JANET M. PRAiNITO - 1
I!. t.~.-r ',:....? MVCDMMISSION" CC 386147 ,
'i .,.~::..,;-;..:;. ;';.' EXPIR!'S: AU!ll.lst 27. 1998
4. ',;i::,'.~:,:" 6orK'ed TI1~' "r.~~'Y !'~blic UIlller,'r.itI~
'--~~.....::.;.,.- "r';';'-.. _._--~.
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/{t.:.,:T,{J(;;!' Irif:....:lc:...f~ 11..""./ L,t\.,-ii-l'J'iU ,",1':~....dlil
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d~'):;'>8/>1i7;4,- (.hfAf1f;1.n4'''t' ~ If.>~\ )
GRANT OF-LICENSE BY CITY OF BOYNTON BEACH,
A FLORIDA MUNICIPAL CORPORATION TO
TRADEWINDS DEVELOPMENT CORPORATION,
A FLORIDA CORPORATION
~'U-~::;221 CJ
666., h
"103
THIS GRANT of License executed and delivered this J 7' day
of AV~V€h/~~re , 1990, by the city of Boynton Beach, a
Florida municipal corporation, located in Palm Beach County,
Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT.
CORPORATION"a Florida corporation (hereinafter the LICENSEE).
I
WHEREAS, LICENSOR owns, a parcel of real property which is
more particularly described on Exhibit A attached hereto; and
WHEREAS, LICENSEE owns a parcel of real property which is
simple more particularly described on Exhibit B attached hereto.
NOW, THEREFORE, in consideration of the sum of Ten ($10.00)
Dollars and other good and valuable consideration, the receipt
and sufficiency' of which is hereby acknowledged by LICENSOR,
LICENSOR has granted, bargained, conveyed, and sold to LICENSEE
its grantees, heirs, successors, assignees, and nominees forever,
a perpetual non-exclusive license to use the real property
described on Exhibit "A" for the following uses.
1. The installation 'and maintenance of
buffer and improvements on _ LICENSOR's Property
Exhibit "A" hereto.
the landscaped
as described in
2. LICENSEE at its own expense shall maintain the license,
the improvements, and the property upon which the 1 icense is
located in a good state of repair.
3. LICENSEE shall indemnify and save harmless and defend
LICENSOR, its agents, servants, 'and employees from and against
any claim, demand or cause of action of whatsoever kind or nature
arising out of error, omission or -negligent act of TRADEWINDS,
its agents, servants or employees in connection with or related
to its use under this Agreement of the real property described on
Exhibit A
4. LICENSEE further agrees to indemnify, save harmless and
defend LICENSOR, its agents, servants, and employees from and
against any claim, demand or cause of action of whatsoever kind
or nature arising out of any conduct or misconduct of LICENSEE
not included in paragraph three above and for which LICENSOR, its
agents, servants or employees are or are alleged to be liable.
5. Neither LICENSOR nor any agent, servant or employee of
LICENSOR shall be liable to LICENSEE for any loss, injury or
Page 1 of 2
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damage to LICENSEE or- to any other person or to its or their
property , irrespective of the cause of such inj ury, damage or
loss.
6. This License
terminated without the
LICENSEE, and executed
dignity to this License.
may not be modified,
prior written approval of
with the same formality
amended, or
LICENSOR and
and of equal
7. The grant of the license shall be binding on and inure
to the benefit of the parties hereto, their grantees, heirs,
successors, assignees and nominees.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above.
, ~. ' 'J '
Signed, sealed, and delivered
in the presence of:
CITY OF BOYNTON BEACH:
a Municipal ccrpo:r.ation
: ':
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BY: 11"? / ,~,~,>'~_-:-r
.
Its: Mayql' ,.';, "
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A~pr'ov~ci.; as
1:0 T':orm '
STATE OF ~A?/ZV9
COUNTY OF '..n''/ L.dc:4e#
".. ,
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The foregoing instrument was acknowledged before me this
d< 7 day of Aht/~Be~ , 1990, by &-..-.Ic /)/~.I"<~
, the /J/..4Yc:?~ of the City of
Boynton Beach, a Florida municipal corporation, on behalf of said
corporation.
,I" ,
d~~~~/1~ J
Not~ry Public '
My commission expires:
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A:: TRADE. DOC
Page 2 of 2
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LEGAL DE~CRIPTION S.W. 8TE STREET RIG8T-OF-WAY
CE6CRIPTION:
A portion of "S.W. B~h StrQQt" as shown on the Plats of
"~HIRD SECTION PALM BBACa LEISUP.EvrLLE", as recc:rded in Plat Book
28 at pages 243 end 244 and "SECOND SECTION PALM 3EACH
LEISOREVILLE", as recorded in plat Book 28 at pa.ges 220 and 221
o! the Fublic Records of Palm Beach County, Florida and more par~
ticularl~ described as follo~s:
BEGINNING at the Southea5t co~ner of Lot 4, BLOCK 23 of ~aid
"TEIR:J SECTI:JN PALM BE~CB LEISUREVILLE"; thence N. sa 26' 51" E.
along the South line ot "S.tl. 8th St!:'eet." as shown on said plat,
a distance of 60.00 feet to the ::ast rig1:t of way line of "S.vj.
8th street"; thence N 01 33' 09" E, a dis~ance of 1528.44 feet
alonf said East right of way I1ne to a point on ~ cu~ve; then
northwesterly along the arc ot a circ'.liar c~rYe to the ri9ht.
whose radius point bea:s N 55 08' 03" E., having a radius of
490.00 feet, a central angle or 1 1 43' 05", and arc di.stance
198.21 feet to a point of intersection Vith the ~est righ~ of way
line of said "S.W. 8th street"; thence S 0:
33' 09" E. along the West right of way line a distance ot 1683.92
feet to the POINT OF BEGINNING.
Sai.d la.nds situate :..n the city of Boynton Beach, Palm Beach
County, Florida.
=-:: t/
COMMENCING at the Southeast corner of said Section 29, TaJnship 45
South, Range 43 East; thence N. 01034' 16u w. alcnq t~e East line
of said Section 29, a distance of 1302.55 feet to the Northeast
cot'ner..,ofTract -E. of'sa.id uSHOPPES OF WOOI.I3RlGUT P.C.D." c::nd tt:e
POINr O~ BEGrNNING or this descript1on; thence s. aao26' 13- w.
Qlonq ~e North ,lin~ of, said Tract WE., .5HOPP~S OF WaOLBnIGU~
P.C.D.-, a dietance of 1271.3~ feec to A point on curve: thence
Northerly alongths arc of a CUrve eO the ri9nt ~ho~e r=diu~ point
bears, N. 78- 55' 36. E.. having a radiU~,cf 1546.26 feet, ~
centralangle'of 010 12' 2a-, an arc cistaneB of 32.60 feet ~o a
point; thence N. 54 O. U.' 23- 'W., a distance of, 6.37' feet to a
point on curve; thence Northerly along the arc of a C~Je to the
right'whose radius point bears N. 800 18' 05" E., having a radius
or 1550.76 teet, ~ central anqle of aao 35' 32", an arc distance
of' 232.:56 teet to a point or tangency; ~ence N. 01.00' 23" W., a
di:lt.Qnc:e of 416.46 fee1:.; thence N. 01. JU' 32- ~., a di.stance cf
23.19 feet, thence S. 29826' 51. ~., a distance of 3~a.74 teet ~c
tne'Northwe~: corner of Lot 12, Block 33 of ~ai.d "LdRE: BOYN'l'ON
ES'tATES PLAT 2"; thence S. 01- 33' Og" B., .a.lons the WQGt li:le oe
said Bleck ,33, a distance ot 180.09 feet: ,th@.nc@ S. gga26' 51"
w.p a distance of 30.00 teet to the centerline of S;W. 8th Street
and'tha Southeast. corner of Palm Beach LQisur~villeSection 3; as
recorded in Plat Book 281 Pages' ~43 and 244 of the Public Records
ofpa!m Beach" County, Florida; thence fl. ' 01'0 33' 09- W. along
Kid !lalit'line and the cent:erllne ot S.W. 8th Stree.t, a distance
ot 1'; 640. OS feet:. to ,the Inter-:secticn wit~ the ,:,~sterly project..tQn
of, t:.hQ ~orth. Line of D10ck 40 of 8"id "LAKB BOYNTON ESTATES '4"~
1- : . ,thence N.. sa. 26' 13," E. .10n9 said Nor,t:h line a. distance 0 f
280.0Q,feeti. thence S. 01033' 09'" .,E., a dist:anc~ of 120,00 ~~t.7
thence'N. 88.1l 2,6 "13 liE., a distance of 50.00 feet: thence S" 0 1
33', 09- E~, ,a', distance of 170.,00 feet to the Northwest corner of
Lot '6, Block',l1 Of.MLAJCE BOYNTON ESTATES PLAT 2;' thence N. 88026'
13~":.E'~ along the North 'line thereof, a distance of. 50.00 .:. feet to
. the NQrUleas,t; corner: ot sai.d Lot. ,6;' thence S.. 01 033' ::~- ;E~, a
di3t~lnc:e of",lZ0;.OO 'fee'C 1:.0 the SOUtheaSt" corner of sal~"Lot G;
. thalica, N,,_8&,~26t.,':13'" E...olono;f ,the North.line of the Soutll'one-halt
'o~ B10;ck. :216nd 22, :0'( '-LAKE. SOYNTON ES'rA'rES PLAT 2", Q di~t1lnce of
, 115-0.75 teet.. t:D'-t.he"iouthlo{e~c co~ncu:' of Loc"', alock', 23 of 8;;lid
.ll~ Ji~NTON'.:E'STMES. 'PLAT, 2-: thence N. 010]4' 16" W."a1onq'the
'W~t'l;n~'o~~>J,U:Ock~ 23~ lBA,-18, a distance 9f.760.00 f~etto the
Southwest C9rn~;cf. Lot 4, 'Bl.ock llA, of "LAKE, BOYNTON' ESTATES.
. " ',., ' ,PLAT.:, r"': tlJe~~', ~~~te:rly along the South'line 'of' ~did Lot 4 along
,'.~ ,,~::"'. :..', ..,' ',.~i" ,'~:::' ~;~,!:"t.tu~,.~~C;~~:i~~./'iC~~'cul(ir"c~e to the lef~.havinq a radius of,340..3G
'....~';l.i'i' "'~'~~~+S~~.';~:lfti;?c~X~to.. t.~1-~.~le;~-ha,,:i_l]q ,a .;.-a~.us~.'.9~:),~9 '.,36, fe~t.i: :~ni.q,r.c
. Qi~t~~e of SO.18 ~eet to the soucneast corner thereafi'thence N.
.01, ~4'16. w., .a diBt;;lnce of,136.JO feet to the Northeast corner
" ,.thereof:, thenC!e:S.'., SS : 26' '1311 W., a. distance ,of 50.00 feet to
. 'the Southwest. Corner of Lot 3. BloC!Jc llA;, ~encG N. 01 J,(' lGollW.
,.' ',. '. :'alongthe Wes.t. li:u:=,of sill.d, Lot 3; '.d'. 'distance of '110.0p,' fQQ~ 'to
. ,the', ~Qrthwest ic9rner thereof; thence' ~ast;erly along the, NOl'th'line
of : Lots: 1',:..2"; ',and, 3 of said Block'llA;, along the' arc of a c,irc:ular
. .curve to. .the '~~ft; having a r-adius .-of '352~ 92 feet' an~ whose: radius
point' bears ~. 'O~: '.,34. 16. w., na"1ng a, cen1=ral' angle, of ' '2S 09'
OS., an. a~o.,di.~~ClnC::eqf., 154.93' feet' to.the,tfortheast corner of
said ~~, 1 , and' th4i!" E.ac=t: ~iAe of :5aid' Section 2'; thence.S. 01.', :3 't . .
1611, E;'alonq 'saj.d.'Ea.~t line of Section. '. 2~," a diat'ancc: of: 2601.58
feet ,to' thelOINT,',OP,- BEGINNING. ,.' ,"
Said"lands':situa,te". in: the City of Boynton Beach, Palm. BQAch
Count.y, . Florida.. " ,'., ' .
Corita.il1in9,3/925.'9?O',~2'square~ FeetI9l}.l267 acres, .more or'less.
Subject to. ~:SeJllents, ': :RestrictioI1$1 -Reserva'tions, CO'renants and
Rightli-cf~Nay' ot .Record. . '. '
LAKE' 0 "BOYNTON ' g:STATES
PLAT I (13-32)
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OID33.09 E Eg
'-120,00 SiT I.R'/CIoP
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N 8B"26'1~"E
II033'O~ E "" . 50.00
170 N~'.26' 1:311 ~ro.OOI
T I.P./CAP ' '\.
1,\9Jp" 12000. fNO. P.R."_
.33 09 E . NO.1930
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~rtion of ~ecc~on 29, Town~lp 45 South, Range 43 East, P~b
Oeach Coun~y, Florid.:!. and ~ po:-t:icn ot "lJU\f; 13l.;YNTON E:STl\TES, Pr...~1
1", .:ali racard4X! in ~la.t aook .l.3, I'Qgc 32 l1.-,d ..!.ltY.E !:SOl't'l'fO:; :;5-:-J\T~~
PLAT 2., as recorded.in E1at Rook 14, Pag~ '17 ~r.d '"LAXE DOYNTO~
ESTlaTES PLA'l' 3", as recorded in Plat Book 13.. PagE' 53 .all .:.n'.t:}E
Public Records of Palm 'Beach County, Florida. and being morE
particularly described as follows:
,Tracts "B", ~C.., ana '.E-, "SnOPPES OF WOOLnRTGUT 2.::.0.",
According to the pla~ thereot, as recorded 1n Pla~ &ook r.S, Paqe~
1J7 4nd 138, of t;hc Publ.ic R.ec:ordo of 1><<1.n DuaC)l coun,;y, Florlda.
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RECORD VERH=IED
PALM BE^CH COUNTY, fU\
JOHN B. DUNKLE
9LERI< CIRCUIT COURT
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AGREEMENT
THIS AGREEMENT made this
17th day of
OctoJer
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development Corporation
(hereinafter referred to as "TRADEWINDStI).
WHEREAS, TRADEWINDS has heretofore
submitted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
section 5, and
WHEREAS, TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Boa -d, Planning &
Zoning Board and City commission in accorda ,ce with the
requirements of Appendix C, and
WHEREAS, th~ Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the city
Commission, and
WHEREAS, the City commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which i~ the
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subject of the Plat, and
Page 1 of 7
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WHEREAS, Appendix C, Article IX, Section 8 requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix c, Article IX, Section 8G requires an
Agreement, in writing, by TRADEWINDS with respect to the
dedication of lands, the payment of fees in lieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
writing required of TRADEWINDS pursuant to Appendix C, Article
IX, Section eG.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combi nation of land,
located outside the bound3ries of the Plat, and fees in the form
of actually constructed improvements to a propcsed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
Page 2 of 1
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3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as ire determined by
the City Attorney to be necessary, 3.5 acres 01 land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
Section 8B4, or
B. Provide Actual Constructed Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-hal f (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elemen:s designated for
improvement by TRAOEWINOS shall not exceed the agreed upon fair
O:>rtO 1 nf' .,
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market value as set forth in paragraph 2 of this Agreement. All
construction improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY.
In the event the CITY fails to
generate park development plans within three (J) years of the
date of this Agreement TRADEWINDS shall pay to the CITY sixty
Thousand Dollars ($60,000.00) in full satisfact ion of any cash
payment to the CITY required in lieu of land dedjcation.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as liThe
Tail".
A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights aud duties of the
parties as set forth in the stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
Page 4 of 7
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A. TRADEWINDS shall, prior to and in conjunction with
si te plan approval for the residential site, establish the
existence of the criteria set forth in Appendi:: C, Article IX,
section 8F for entitlement to the fifty (Sot) pElrcent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, section 8 have been met.
C. In the event that TRADEWINDS fails to establish
the existence of the criteria set forth in Appendix C, Article
IX, section 8F or if the City commission fails to find that such
cri ter ia have been establ ished and that it :.S in the publ ic
interest to provide TRADEWINDS with the fif:y (50\) percent
cred it, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-hal f (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS sha 11 furnish to the CITY a Surety or
Per formance Bond in an amount equa I to one hundred ten (110\)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set fcrth in paragraph 2
Page 5 of 7
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of this Agreement, and the cost of all other required
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond ;:hall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following city commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibi t "A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for ;;ite development.
F. A determination by the city commission when
development of the park or recreational facilities described
herein shall be commenced.
6. The parties agree that nothing conte ined herein shall
constitute a waiver by the CITY in favor of T~\DEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
Page 6 of 7
I additional conditions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the PUblic Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
By:
DATED:
DATED: tkh.??JA6e /;7 /9PC:;
,
CORP. THE
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President
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GENE MOORE, MAYOR
(corporate seal)
ATTES~p~....9JL ~E>"_
ITY CLERK
(City Seal)
By:
a:2
BOYNTON
10/17/90
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RESOLUTION NO. R96-//.:A'
tdin
A RESOLUTION OF THE CITY COMMISSION OF T
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZINS
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ABANDONMENT OF A 30' RIGHT-OF-
WAY ON PURPLE HEART WAY PURSUANT TO
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF BOYNTON BEACH AND HOWARD
SCHARLlN, TRUSTEE FOR WOOLBRIGHT PLACE,
JOINT VENTURE BY RESOLUTION R95-65; AND
PROVIDING AN EFFECTIVE DATE.
PlANN;i jr' -. '-
lONIi% t,
- -
WHEREAS, by Resolution No. R95-65, the City of Boynton Beach entered into
I a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, (SCHARLlN) which Agreement provided for the abandonment of the
southernmost 3D' of the industrial road right-of-way by the City to SCHARLlN;
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1, The Mayor and City Clerk are hereby authorized and directed to
execute a Right-of-Way Abandonment for the southerly 30' of the right-of-way, located
on Purple He~rt Way, more particularly described in Exhibit "A", attached hereto and
made a part hereof.
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 6. day of August, 1996.
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~ESOLUTION NO. R92~/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR, CITY
MANAGER AND CITY CLERK TO EXECUTE A
STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND GARY
LEHNERTZ, CASE NO. 0309 GM, ATTACHED AS
EXHIBIT "A"i AND PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, on or about May 15, 1990, and pursuant to Section
163.3184(10) and Section 403.412(5), Florida Statutes, Gary
Lehnertz filed a Petition for Intervention in the administrative
proceed~ngi and
WHEREAS, an amicable agreement has been reached between
Intervenor (Lehnertz) and the City of Boynton Beach regarding
issue~ involving the administrative proceeding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida hereby authorizes and directs the Mayor, City
Manager and City Clerk to execute the Stipulated Settlement
Agreement attached hereto as Exhibit "A" between the City of
Boynton Beach and Gary Lehnertz.
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this
/
day of December, 1992.
CITY OF BOYNTON BEACH, FLORIDA
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: Ci' Clerk
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
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DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Petitioner, )
)
and )
)
GARY LEHNERTZ, ) CASE NO. 90-0309GM
)
Intervenor, )
)
vs. )
)
CITY OF BOYNTON BEACH, . )
)
Respondent. )
)
STIPULATED SETTLEMENT AGREEMENT
DATED NOVEMBER 1992
COMES NOW, the Respondent, CITY OF BOYNTON BEACH, FLORIDA, a
Florida municipal corporation (CITY) and GARY LEHNERTZ, an
individual, (LEHNERTZ) and hereby stipulate and agree as follows:
1. On or about May 15, 1990, and pursuant to Section
163.3184(10) and Section 403.412(5) of the Florida Statutes, GARY
LEHNERTZ filed a Petition for Intervention in the administrative
proceeding_
Subsequent to the filing of the Intervenor's
Petition, the parties to this agreement have engaged in
meaningful and purposeful discussions resulting in an amicable
resolution of the issues that existed.
2. On or about July 12, 1990 a formal StipUlated
Settlement Agreement was entered into between the DEPARTMENT and
Page 1 of 4
the CITY with respect to the comprehensive plan as prepared and
filed by the CITY.
3. In accordance with the terms and provisions of the
stipulated Settlement Agreement full compliance with the
agreement was estimated to take approximately ten (10) months.
Accordingly, the DEPARTMENT moved for an order abating the
administrative proceedings so as to allow the CITY sufficient
time to fully comply with the terms of the agreement.
4. The CITY has fully complied with all applicable terms
of the Stipulated Settlement Agreement entered into between the
DEPARTMENT and the CITY.
5. In accordance with an agreement reached between the
Intervenor and the CITY, the CITY agrees that the berm to be
constructed by the developers of the residential development
known as Tradewinds will be vegetated with native plants in
accordance with the landscape plan submitted by the developer and
approved by the CITY. Furthermore, that the native vegetation
will be planted along the entire north side of the Tradewinds
residential development in accordance with the approved
landscaping plan.
6. This is the entire agreement between the parties hereto
and no verbal or written assurance or promises effective or
binding unless included in this document.
Page 2 of 4
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by the undersigned officials as duly
authorized.
Attest:
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Ci Clerk
( SEAL)
DJD/jrm
7/7/92
8/7/91
10/13/92
P/BBDCA
CITY OF BOYNTON BEACH
Mayor
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'Boynton 'BtatIi, ~foritfa 33425.0310
City~: (407) 375-6000
7'JU: (407) 37S-6090
C E R T I F I CAT ION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach,
Florida, do hereby certify that the attached Resolution iR95-28
consisting of one (1) page, Exhibit "A" consisting of one (1) page
and Disclaimer consisting of one (1) page, are true and correct
copies as they appear in the records of the City of Boynton
Beach, FL.
"
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON
BEACH, FLORIDA this 2nd day of March, 1995.
~~/?~~
SUZ NE M. KRUSE, CMC/AAE
CITY CLERK
March 2, 1995
(SEAL ),
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RESOLUTION NO. R95 "8
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A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
~~NING A 12 FOOT' WIDE UTILITY
~ASEMENT RUNNING APPROXIMATELY 200 FEET
EAST OF AND ALONG SW 8TH STREET, AND
BEING MORE PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID UTILITY
EASEMENT; PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, CCL Consultants, Inc., agent for Howard R.
Scharlin, Trustee for the Woolbright Place PUQ, has requested
the abandonment of a 12 foot utility easement, running
approximately 200 feet east of and along SW 8th Street,
hereinafter described; and
WHEREAS, comments have been solicited from the appropriate
City Departments, and public hearings have been held before the
City'S Planning and Development Board and the City Commission on
the proposed abandonment; and
WHERBAS, based on the foregoing information, the said
utility easement no longer serves any useful purpose,
NOW, THBRB.ORB, BB IT RBSOLVED BY THB CITY COMMISSION O.
THB CITY O. BOYNTON BBACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida by and through its City Commission, does hereby
abandon a 12 foot utility easement running approximately 200
feet east of and along. SW 8th Street, located in the City of
Boynton Beach, Florida and more particularly described in
Exhibit MAM attached hereto.
Section 2. The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public Records
of Palm Beach County, Florida.
Section 3. This Resolution
immediately upon passage.
shall
take
effect
PASSBD AND ADOPTBD this ~/ day of February, 1995.
CITY OF BOYNTON BEACH, FLORIDA
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C CONSULTANTS, Ie.
ENGINEERS SURVEYORS PLANNERS
1100 PARK CENTRAL BLVD. N. SUITE tOO POMPANO BEACH, Fl 33014 (305) '7~-2200
PO~PANO BEACH ORLANDO WEST PAL~ BEACH
urnee at the City e'er.
City 01 BoyAtoo BeacII
P. O. Box 3JO
Boynton Beach, florf~
ORB 86 43 p~ 1 441- A
DOROTHY H. WILKEN, ClERr~ PB COUNTY, FL
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EXHIBIT
"A"
LEGAL DESCRIPTION: PORTION OF EASEMENT TO BE ABANDONED
A PORTION OF THE UTILITY EASEMENT DESCRIBED IN OFFICIAL RECORD BOOK
6651, PAGE 444, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA, LYING IN
SECTION 29. TOWNSHIP 45 SOUTH. RANGE 43 EAST, aEING MORE PARTICULARLY
OESCRIBE:O AS FOllOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE QUARTER
(NE 1/4) OF SAID SECTION 29; THENCE NORTH 01'33'10" WEST ALONG THE
EAST LINE OF SAID SECTION 29, A DISTANCE OF 434.24 FEET; THENCE DEPARTING
SAID EAST LINE OF SECTION 29 AND PERPENDICULAR TO THE PRECEDING
COURSE SOUTH 88"26'50" WEST, A DISTANCE OF 175.14 FEET
THENCE SOUTH 01034'16" EAST, A DISTANCE OF 155.00 FEET; THENCE SOUTH
88026'13" WEST, A DISTANCE OF 835.00 FEET; THENCE SOUTH 01034'16"
EAST FOR 585.00 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE
EASEMENT, LYING 6.00 FEET ON EACH SIDE OF AND ADJOINING THE FOLLOWING
DESCRIBED CENTERLINE; THENCE SOUTH 0;.34'16" EAST, A DISTANCE 310.00
FEET TO THE BEGINNING OF A CURVE, HAVING A RADIUS OF 1111.84 FEET, FROM
WHICH A RADIAL LINE BEARS NORTH 88025'44" EAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE; SUBTENDING A CENTRAL
ANGLE OF 30.14'48", A DISTANCE OF 586.95 FEET TO A POINT OF REVERSE
CURVATURE OF A CURVE HAVING A RADIUS OF 1091.83 FEET, FROM WHICH A
RADIAL LINE BEARS SOUTH 58" 10'56" WEST; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE, SUBTENDING A CENTRAL ANGLE OF
04'03'19", A DISTANCE OF 77.28 FEET TO A POINT OF TERMINUS.
SUBJECT TO EXISTING EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS OR
RESTRICTIONS, OF RECORD, IF ANY. .
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NOTES:
1. REPRODUCTIONS or THIS SKETCH ARE NOT VAUD UNLESS
SEALED WITH AN EUBOSSED SURVEYOR'S SEAL
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY
CCl CONSULTANTS. INC. fOR EASEUENTS AND OR RIGHTS-
Of-WAY OF" RECORD.
3. DATA SHOWN HEREON WAS COI.lPILED F"ROI.l OTHER
INSTRUI.lENTS AND DOES NOT CONSTITUTE A fiELD SURVEY
AS SUCH,
CERTlrlCA TION:
I HEREBY CERTIFY THAT THE AnACHED SKETCH AND LEGAL
DESCRIPTION IS TRUE AND CORRECT TO THE BEST Of UY
KNOWLEDGE AND BEUEF AND THAT IT UEETS THE UINII.lUI.l
TECHNICAL STANDAROS SET FORTH BY THE rLORIDA STATE
BOARD or LAND SURVEYORS IN CHAPTER 61G17-6, fLORIOA
ADI.lINISTRATIVE CODE.
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REVISIONS DATE BY
SKETCH AND LEGAL 10 14/94- L.T. STATE Of rLORIDA
P.LS.
REVISE SKETCH AND LEGAL 10/18/94 L.T. DRAWN CHECKED P fiELD
REVISE SKETCH. LEGAL 02/24/95 C.K. BY L.T. BY N. BOOK
REVISE SKETCH 03/01-195 l. T.
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DISCLAIMER
KNOW ALL MEN BY THESE PRESBNTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the
State of Florida, does hereby abandon and disclaim an
approximate 12 foot utility easement, running approximately 200
feet east of and along SW 8th Street, situated and located in
Palm Beach County, Florida, attached hereto as Exhibit "A".
IN WITNESS WHBREOF, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands
and affixed the seal of the City this ~ day of February,
1995.
ATTEST. . :..{~,
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~~~+{;; Clerk
CITY OF BOYNTON BEACH, FLORIDA
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Edward Harmening, Ma~~
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STATE OF FLORIDA
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:! COUNTY OF PALM BEACH
,; BEFORE lIB, the undersigned authority, personally appeared
I EDWARD
:1
HARMENING
and
SUZANNE
KRUSE,
Mayor
and
City Clerk
I respectively, of the City of Boynton Beach, Florida, known to me
:1 to be the persons described in and who executed the foregoing
i instrument, and acknowledged the execution thereof to be their
,
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free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal
of said corporation; and that said instrument is the act and
deed of said corporation.
WITNESS my hand and official seal in the said State and
County this 011
day of February, 1995.
~fp~~r'(:~~ of Florida
My Commission Expires:
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GRANT OF-LICENSE BY CITY OF BOYNTON BEACH,
A FLORIDA MUNICIPAL CORPORATION TO
TRADEWINDS DEVELOPMENT CORPORATION,
A FLORIDA CORPORATION
THIS GRANT of License executed and delivered this J7 day
of ~~V€hJ~c:~ , 1990, by the City of Boynton Beach, a
Florida municipal corporation, located in Palm Beach County,
Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT_
CORPORATION" a Florida corporation (hereinafter the LICENSEE).
,
I
WHEREAS, LICENSOR owns, a parcel of real property which is
more particularly described on Exhibit A attached hereto; and
WHEREAS, LICENSEE owns a parcel of real property which is
simple more particularly described on Exhibit B attached hereto,
NOW, THEREFORE, in consideration of the sum of Ten ($10.00)
Dollars and other good and valuable consideration, the receipt
and sufficiency' of which is hereby acknowledged by LICENSOR,
LICENSOR has granted, bargained, conveyed, and sold to LICENSEE
its grantees, heirs, successors, assignees, and nominees forever,
a perpetual non-exclusive license to use the real property
described on Exhibit "A" for the following Uses.
1. The installation -and maintenance of
buffer and improvements on ~ LICENSOR's Property
Exhibit "A" hereto.
the landscaped
as described in
2. LICENSEE at its own expense shall maintain the license,
the improvements, and the property upon which the 1 icense is
located in a good state of repair.
3. LICENSEE shall indemnify and save harmless and defend
LICENSOR, its agents, servants, 'and employees from and against
any claim, demand or cause of action of whatsoever kind or nature
arising out of error, omission or ~egl igent act of TRADEWINDS,
its agents, servants or employees in connection with or related
to its use under this Agreement of the real property described on
Exhibit A
4. LICENSEE further agrees to indemnify, save harmless and
defend LICENSOR, its agents, servants, and employees from and
against any claim, demand or cause of action of whatsoever kind
or nature arising out of any conduct or misconduct of LICENSEE
not included in paragraph three above and for which LICENSOR, its
agents, servants or employees are or are alleged to be liable.
5. Neither LICENSOR nor any agent, servant or employee of
LICENSOR shall be liable to LICENSEE for any loss, injury or
Page 1 of 2
damage to LICENSEE or- to any other person or to its or their
property, irrespective of the cause of such inj ury , damage or
loss.
6. This License
terminated without the
LICENSEE, and executed
dignity to this License.
may not be modified,
prior written approval of
with the same formality
amended, or
LICENSOR and
and of equal
7. The grant of the license shall be binding on and inure
to the benef it of the parties hereto, their grantees, heirs,
successors, as~ignees and nominees.
IN WITNESS WHEREOF, the p~rties hereto have set their hands
and seals the day and year first written above.
Signed, sealed, and delivered
in the presence of:
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CITY OF BOYNTON BEACH:
a Municipal ccrpor-ation
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The foregoing instrument was acknowledged before me this
~ 7 day of /libV~8e~ , 1990, by ~...vE /)/a::;).I"<~
, the /)/""'Y~ of the City of
Boynton Beach, a Florida municipal corporation, on behalf of said
corporation.
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Not ry Public '
My commission expires:
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LEGAL DE~CRIPTION s.w. 8TH STREET RIG8T-OF-WAY
CESCRIPTION:
A portion of "8.\'1. Both strQQt" as shown on the Plats ot
"':'HIRD SECTION PALM BBAC8 LEISUREVILLE", afi; recc;rded in Plat Book
28 at pages 243 end 2-44 and "SECOND SECTION PALM 3EACH
LEISOREVILLE", as recorded in Plo.t Book 28 at Pa.qes 220 and 221
o! the FUblic Records of Palm Beach County, Plorida and more par-
ticularl~ described as follo~s:
BEGINNING at the Southeast corner of Lot 4, BLOCK 23 of ~aid
"TElR] SECTI:JN Pl\LM BE~CB LEISUREVILLE"; thence N. sa 26' 51" E.
along the South line of "S.tJ. 8th street" as shown on 6aid plat,
a distance of 60.00 feet to the ~ast rigt:t of way line of "S.V4.
8th Street"; thence N 01 33' 09" E, a dis~ance of 1528.44 feet
alonf said ,East right of vay l1ne to a po1nt on ~ curve; then
northwesterly along the arc of a c1.rc~ar curve to the right.
whose radius, point bea=s N 55 08 I 0311 E., having a radius of
490.00 feet, a central angle ot " 43' 05", and arc di.stance
lS8.21 feet to a point of intersection w~th the ~est right of way
line of said "S.W. 8th Street"; thence S 0:
33' 09" E. along the West right of way line a distance ot '683.92
feet to the POINT OF BEGINNING.
Said lands situate :..n the City of Eoynton Beach, Palm Beach
County, Florida.
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COMMENCING at the Southeast corner of said Section 29. Ta~nship 4
South, Range 43 East; thence N. 010341 16u w. ~lonq t~e East iin
of said Section 29, a distance of 1302.55 feet to the Northeas
eo~ner..ot, Tra.::t "E- of. :'la.id "SHOPPES OF WOOLDRIGIIT ? .C.D. If and tt
rOINr O~ BEGINNING or this description; thence s. aSo26r 13- ~
alonq the North .line of said Tract M~., "5HOPP~S OE WOOLBRIG[
P.C.D.", a diet~nce of 1271.3~ feet to a' point on eu~e; th~nc
Northerly along the ~~c of a curve ~o the right ~ho~e radiu~ poi~
bears N. 78- 55' 3'- E.. having a radiU~of lS46.2G feet,
centJ:alangle.of 010 12' 28-, a'n arc cista..nc:e of 32.60 faet to
point; thence N. S4~ ~4.' 29"''''., a distance of, 6.37' feet to
point on curve; J;henee Northerl~' along the arc of a curle to ttl
right"whose radius point bears N. 800 18' 05" E., having a radiu
or 1550.76 feet, a central anqle of oao 35' 32", an arc distanc
of' 232.S6 teet to a point ot tangency; t:.ence N. 01.001 23- W.,
di~ennce of 416.46 feet; thence N. 01- JU' 32- E., a Q1stance c
23.79 teet, thence s. age26' 518 W., a distance of ~Sa.72 tee~ ~
the',NorthwQ~~ corner of Lot l2, B1.ock 33 of :5cid "LAKE: BOYN'1'C
ES~TE:S llLAT 2n: thence S. 01'" JJ' 09" B., .alolUj th4t WQst li:\& 0
sai,.d Block ,.33, a distance of 180.09 feet: ,the.nee s. gs026' 51
W., a distance of 30.00 feet to the centerline of S:W. 8th Stree
and'the Southeast. corner of Palm Beach LQisur~vill~Section 3; a
recorded in Plat Book 281 Pages' 243 and 24~ of the Public Record
of Palm Beach'. County, Florida; thence n. ' 010 33' 0.98 jol, alon
aAid Ea&t'line an4 ene Center~ne ots.w. 8th Street, a dlstanc
ot 1';040.00 feet ~othe Intersection witt. tbe W~sterly project..!Q
of. t.~Q North. Line of Block JO of sa.id "LAkE BOYNTON ES'1'ATES '~LA
1.:'thence N.. Sa. 26' 13~ E. A1.0hg said No~~h line a distance 0
280.00 .feet.. thence S. 010 33' oge ',E., a distanc$ of 120.00 ~lJt
thence'N. 8SlI 26' "1311 E., a distance of 50.00 feet; the.n~e s.o
33', 09- E~, ~ a : distance of 110..00, feet to the' Nortlwest corner 0
Lot 0, Block.~l of. MLAkE BO~TON ESTATES PLAT 2;' thence N. 88026
IJ,~';_E'. alQngthe. North 'line thereot,' a distance of' 50..00 ':,: feet t4
.the NOrt:J1ea.st:co.rne~: 'ot said Lot,6;.th~nce,S...Ol03JI ~~.. ;E., .
di3tance of'; l'ZO~OO 'feet to tlle :SOUtheast" corner or sale!" Lot G
~herice N..'88~2Gi,,':lJ" E... Glonc;J t:he North'line of the Souw' one-hal'
'o~ 11lC)ck.:U,4nd 22,:of.8I.A.1a:.BOnlTON ES~'rES PLA'r 2", Q dbt1lnce 0:
, 115<).75 feet:.' to'..l:,he "S-ou~"'lil'ie cOJ:'nQr of Lee.." Block' 23 of e.ai(
uLAKE B~NTON.'ESTNl'eSi 'PUT, 2"; thence N. 01 034 t 16" w... along' th,
. t' . ,'.'. .
'We.stline of ~:;'Brocks 23 ~ lBA,-18, a distance of .760. 00 f~et to tht
Southwest cprn~;of,. Lot 4, 'alock llA of II LAKE , BOYNTON' ESTATES.
' " ' ,,:,,':':: ,PLAT..'r"': ttJe~~',ti;'t~te:rly,alonq the Soutn:line 'af-',~aid Lot' 4 alor.~
.":: ,'~: .:> ::....' ," .... _:::.~':.:~~~:;~.. ::~",:::~c;.~jl~C;:;:fir;~:;~.'il'; :C'.f#'~~~~~,::,c~e to. the le~t:: having t1 ,radius of ,,340. ~(
"'L~"J""" ~y ~~":,!",':;''''''~':"J1"':ift~c~~~~~ t.~T!th.!li?le;~"'ha":1_g9'.~ . ,;:-jl#_U&~".9 ~:)J9 ..36. fe~t." :C!..n..:Au:c
. di3tADce of 50.18 feet to the SOUtneast corner thereof.. thence H.
,01 , ~4 ,. ,16 - W., ~ d'iQ~ance of. 136.30 fect. to the NortlleaSt COrnaz:
" '.thereof:.thenee.S.... as, 2" '13" W., a dietance,of 50.00 feet to
the southwest' corner of Lot 3. Blo'ek UA,. thQnee N. 01 34' 16'" w.
. . . .' .,.., :'alqngthe Wl;!s-t. line;of said, Lot 3; .~a.' . distance of '110.0~:',foQ~ 'to
. ,the', ~g~thwest C:9rner thereof; thence ~asterly along the. NOl.tll'line
of .LOts' 1',:..2'; .,and, 3 of said Block.l1A;, .i1onq the' arc of a circular
, 'cui::ve to. 'the . ,1.~ft~. havin<j a t"acUu& :of '352,92 feet' .an(,l whose'; radius
.roint'bea~.$ ~.'O~:i.,31. 16. N., na.ving a.cen~ral'ang-le, of ,'25 091
OS-, an, a.ro,.di.~tCllLCe'qf.. 154.93' teet'to.tne'lfort,1\east corner ot
said ~~, 1 and. th~' Eac;t: J,.lAe of :sai.d' Seceion 2'; thence.S. 01:, 34'
16- E;' along 'said.'East 1ine of Section. ',:2~," a diet'AJ\ce of: 2601.58
feet .to. the, lOm~:..Op.- BEGINNING. .,'
Said'. bnds':situa.te.:., in: the City of Boynton Beach, Palm: liQ~ch
CO~l}tf' . Florida. " '." .... . . . , '
Conta~ning,l,'2S,.9.2~.2.Square,F.eet/99.1267 acres,.more' or' less.
Subje<<;!t to. ~;Senleni:8, ': :Res~rictioJ1$, -Reserva'tions, CO'renants, and
Ilights;"of"-:-HaY'.ot .ae~.::ard.. .. . .
. LAKE. BOYNTON .. ESTATES ..
PLAT i (13-32) , ,
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~ortion of ~ect~on 29, T~~lp.5 South, P.ange 43 E~6t, p~
Detach Couney, Florid~ and l:l PO;-i:ion ot -tM~ OGYNTUN ~Sl'l\TI:S, p~
1", .:Iii raca~dQd in ~1at !laok 13, Page 3:2 and "~.K.f: ~OrNTO:. ::::r:'l\T:
PLAT 2-, as recorded ,in ijlat Boo~ 14, P.q~ .17 and Mt~E DOYHTI
ESfATES PLAT 3", as recorded in Plat Book 1.3, paqE' 53 411 .:.rl.t:
PUblic Records of Palm 'Beach County, Florida, and being mOl
particularly described as follows:
,Tracts "B-, .C., ana "E-, "SJlOPPES OF WOOLnRTGHT ?C.D.'
According- to the plat: thereot, as recorded in Plal: Iiook (,5, I'ilqt
137.and 138, of the Publ.ic Rec:ord:) of 1>4.!.n DU<1eh coun:y, florl(1a.
t04:j'othQr with" ""~. - ..'_r'-.~.';,_ ,.:._,~~
RECORD VERIFIED
PALM BE^CH COUNTY, FLA
JOHN B. DUNKLE
. , GLEAI<' CIRCUIT COURT
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R" 352,92 -J ' NO, ',.11 3.
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AGREEMENT
THIS AGREEMENT made this
l7th day of
Octo)er
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development corporation
(hereinafter referred to as "TRADEWINDS").
WHEREAS, TRADEWINDS has heretofore
submi t ted to the CITY
for approval, a prel iminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
section 5, and
WHEREAS, TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Boa "d, Planning &
Zoning Board and city commission in accorda~ce with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, Special Meeting conditionally approved the
preliminary Plat and made its recommendations to the city
Commission, and
WHEREAS, the City Commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the property which is the
subject of the Plat, and
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WHEREAS, Appendix C, Article IX, section 8 requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, Section 8G requires an
Agreement, in writing, by TRADEWINDS with respect to the
dedication of lands, the payment of fees in lieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRAOEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
wri ting required of TRADEWINDS pursuant to Appendix C, Article
IX, section aG.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combination of land,
located outside the bound3ries of the Plat, and fees in the form
of actually constructed improvements to a propcsed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
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3. TRADEWINDS shall convey to the CITY by Special Warranty
Deed and such other collateral instruments as i,re determined by
the city Attorney to be necessary, 3.5 acres 01 land, the legal
description of which is set forth on Exhibit nAil and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
Section 8B4, or
B. Provide Actual Constructed Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-half (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY. In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement. The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elemen:s designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
D:o,.,.o '1 nf' "7
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market value as set forth in paragraph 2 of this Agreement. All
construction improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans within three P) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
c. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as liThe
Tail". A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the Stipulation and Settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property'.
The conditions are as follows:
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A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendi:: C, Article IX,
section SF for entitlement to the fifty (50\) pE;rcent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, section 8 have been met.
C. In the event that TRADEWINDS fails to establ ish
the existence of the criteria set forth in Appendix C, Article
IX, section SF or if the city commission fails to find that such
criteria have been established and that it ~.s in the public
interest to provide TRADEWINDS with the fif:y (50\) percent
credit, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-half (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS shall furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110\)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
Page 5 of 7
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of this Agreement, and the cost of all uther required
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond ::hall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following City commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibit "A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for :site development.
F. A determination by the city commission when
development of the park or recreational fac ilities described
herein shall be commenced.
6. The parties agree that nothing conte ined herein shall
constitute a waiver by the CITY in favor of T~\DEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
Page 6 of 7
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I additional conditions on TRADEWINDS to obtain preliminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
By:
DATED:
po
DATED: (th7?:A6e / 7' /~9tC)
,
CORP.
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GENE MOORE, MAYOR
-~
THE
TON BEACH
l
President
(corporate seal)
ATTES~rf""w9~~M~
ITY CLERK
(City Seal)
By:
a:2
BOYNTON
10/17/90
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ORDINANCE NO. 89-39
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY PURSUANT TO AN ORDER OF THE CIRCUIT
COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
BY REZONING SEVERAL PARCELS OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA, FROM R-1A (SINGLE-FAMILY
RESIDENTIAL), R-3 (MULTIPLE-FAMILY
DWELLING) AND C-2 (NEIGHBORHOOD
COMMERCIAL) TO PLANNED COMMERCIAL
DEVELOPMENT; PROVIDING FOR ADDITIONAL
SQUARE FOOTAGE OF COMMERCIAL
DEVELOPMENT; SAID PARCELS BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING THAT ALL DEVELOPMENT OF SAID
PROPERTY SHALL PROCEED IN STRICT
COMPLIANCE WITH THE DEVELOPMENT PLANS AS
SUBMITTED AND APPROVED AND ALL
APPLICABLE ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING A
CONFLICTS CLAUSE; A SEVERABILITY CLAUSE,
AND AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
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:! Beach, Florida, has heretofore adopted Ordinance No. 80-19
WHEREAS, the City Commission of the City of Boynton
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I in which a Revised Zoning Map was adopted for said City; and
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WHEREAS, Kieran J. Kilday, as agent for the applicant,
Tradewinds Development Corp., d/b/a TRADEWINDS GROUP, and
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the owners of the subject parcels, has heretofore filed a
Petition with the City of Boynton Beach, Florida pursuant to
Section 9 of Appendix A-Zoning of the Code of Ordinances,
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,I City of Boynton Beach, Florida for the purpose of rezoning
certain parcels of land consisting of approximately 28.8455
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!! acres (:t) located wi thin the municipal limits of said City,
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': said property being more particularly described hereinafter,
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i I (Multiple-J'amily Dwelling Di.trict:.) and C-2 (Neigh:borhood
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! 1 Commercial District) to Planned Commercial Development;
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WHEREAS, the City Commission entered into a Stipulation
and Settlement Agreement which wae approved by Judge
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Rudnick's Order Approving Settlement Agreement on November
6, 1986, and subject to a further Order by Judge Rudnick on
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January 27, 1987, and subject also to a Mandate and Opinion
from the Fourth District Court of Appeal on July 22, 1988,
which affirmed the trial court's Orders, and subject also to
Judge Rodger's Order Granting Tradewinds Motion for Contempt
on October 21, 1988, and lastly, subject to the Fourth
District Court of Appeals Per Curiam Affirmation of Judge
Rodger's Contempt Order on June 7, 1989, copies of which are
all attached hereto, and the City Commission is, therefore,
being required to comply with the aforesaid Stipulation and
Settlement Agreement.
WHEREAS, the Circuit Court for the 15th Judicial
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Circuit on the 31st day of October, 1989, issued an order
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amending the City's 1986 Comprehensive Plan in conformance
with the above mentioned Stipulation and Settlement
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ij Agreement.-
Said
Order
being
attached
hereto
and
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incorporated herein,
NOW, TIIBRBP'ORE, BE IT ORDAJ:NED BY THE CITY COMMJ:SSION
OF "l'BB CITY OF BOYN'l'OH BEACH, FLORI:DA:
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Section 1.
That the following described land,
located in the City of Boynton Beach, Florida, to wit:
See attached Exhibit "A"
be and the same is hereby rezoned from R-1A (Single-Family
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Residential
District)
(Multiple-Family
Dwelling
R-3
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District), and C- 2 (Neighborhood Commercial District) to
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Planned Commercial Development, which use is determined to
be appropriate under the circumstances agreed upon by the
City in said Stipulation and Settlement Agreement and in
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Ii conformity with the Comprehensive Plan of the City of
Boynton Beach, Florida.,
Section 2.
That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
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section 3.
That the application of the owners and
subject property for rezoning is hereby
agents of the
granted for the purpose of permitting the development of
said land as a Planned Commercial Development (PCD)
specifically
in
the
aforementioned
accordance
with
Stipulation and Settlement Agreement and Court Orders in
Case No. 86-3661 (CL)A, all which respectively enforced the
Stipulation and Settlement Agreement and found this City in
contempt of court.
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Except as provided herein, the Applicant shall proceed
to file site plans of any part or all of the PCD for review
by the appropriate departments of the City government in
accordance with the Ordinances of the City of Boynton Beach,
and the site plans shall also be subject to review with
respect to subdivision, platting, building permitting, and
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any or all applicable rules and regulations of any
governmental
entity
having
jurisdiction
over
land
development and building permitting within the City of
Boynton Beach.
Section 4.
Notwithstanding any other provisions of
this Ordinance, the applicant shall be permitted to
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construct an additional 121,000 square feet of commercial
building area over and above that permitted by the
aforementioned Stipulation and Settlement Agreement. This
addi tional square footage of commercial development shall
require off-site traffic improvements identified in the
October 23, 1989, Barton-Aschman Associates, Inc., traffic
report, attached hereto and incorporated herein, subject to
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I final approval or modification of ..id report.' findings by
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the City Commission on November 7, 1989.
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Section S.
or
parts
of
That all 'ordinances
ordinances in conflict herewith be and the same are hereby
repealed.
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Section 6.
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
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;1 word be declared by a court of competent jurisdiction to be
invalid, or should any Section of this Ordinance not become
:/ effective for any reason, such decision shall not affect the
remainder of this ordinance.
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Section 7. Authority is hereby granted to codify said
ordinance.
Section 8.
This ordinance shall become effective
, immediately upon passage.
FIRST READING this 17th day of October, 1989.
SECOND, FINAL READING and PASSAGE this !3/$j- day of
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, 1989.
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ATTEST:
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City rk
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(Corporate Seal)
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EXHIBIT liA"
~ O(SC-IP'IO"t T~ACT .1
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A POITIOII'O','IlOCICS . H. '0 AND SI or LAU 10UTOII BUUS. 'lAl ].
AC'O.OI~G TO 'N[ PLAT 'H(R[Or AS ~(CORP[O IN PLAT lOOK I) PA&l 5J Of IH(
PUILIC R(COROS OF '_LH I[ACH COUNIY. fLORIOA 'TO'('H[. wIIH A PO_110M Of
SlClION 19, TOWNSH" U S04,IH. RAIIGt U tAlt.. ,'Al," U,uH COUN", HORIDA.
HORl ,ARIICULAALY olSCIIIlo AS (OLLOWS. ' ' .
(O""(IICIN' AT tH( SOUTHEAST COAN(R or SAID SrCTION ,t. TH~"C( S. I'- or'
11- w.. ALONG lH[ SOUIH LIN( TH(R(Of. A OISTAIIC[ or 1111.11 f((T. TH(MC[ N.
01- JJ' 4}- W., A OIS'AN(( or 125.94 f(ET 10 AN IIITERS[CTIOII Willi 'H[ NORIH
LIN[ Of lHAI 10.00 fOOT ORAIIIA'[ RI'HT-Of-WAY. AS SHOWN ON 'HAT fLORIOA
O[PA_I"lHI or lRANSPORTATION RIGHT-Or-WAY HAP or 1-95 (WOOL'_IGHT A~(~U(.
JO' NO. '1110-1411. SH[[T 21 AND TH[ POIIIT OF I[GINNING or THIS
O[$'RIPIIOII. IH[NC[ CONIINU[ N. 01- ]J' 41. W.. SAID LIM[ I[IN' fURTH(R
Ol$CRI,[O AS ao.oo rE[T W(ST or AHa 'ARALL[l WI'H. 'H[ [AS I LIN[ Of LOT
14. alOCX \1 Of SAIO LAK[ 10'H101I (STA'[S 'LAT 1. AOISTANC[ Of 441.55 f([1
10 A POIN' Of IIII[RS[CIION WIIH TH[ "OATH LINE Of SAID BLOCK SOi lH[HC(
NORTHWES1(RlY ALaN' TH( ARC or A CURVE TO THE LEfT HAVING A IlOIUS 0'
1750.00 f([I. A C[MfIAL ANGLE OF lie It':)4~~ AN A.C DISTANCE 151.0) '[[f.
lH[HCE S. U. 16' I). W.. A OIST~IlCt.O[ 483.81 fUT 10 A '01111 0'
l~t{RS(CIION WI1M lH[ [ASTlRLY RICHT-OF-W^~"INE or TH( LAK[ WORTH DRAINAGl
OISIAICT CANAL E.4 AS O[SCRII[O IN QUIT,CLAI~ 0([0 to-LAI[ WOIIH 011.1111.'(
DIStRICT AHO AleORO[O 1M orflCIAl RECORDS lOOK 2146, 'AGE 116. or lHE
PUILIC AlCOROS Of rAL" IlACH COUNTY." fLORIOA; 1H[HCE S. 20- S4' SI- [..
ALONe SAID [AST RICHT-OF-WAY LIN[l:A 015TAIIC[ or 650.68 FE[T; lH(IIC[ S. 00-
l4' I I- W, CON1111UING ALONG SAID [ASf RIGHT-OF.WAT LIII[, A 01511.11(( Of
191.92 f([I 10 A POIMI or INf[RS[CTION VITH SAID MOR1H Llk[ Of WOOl.RICHI
AOAO DAAIHAC( RleHI-Or-VAY. TH[IIC( N. 85- 45' )Z- t.. ALOHG SAID "O~1H
LIN(. A 0151A"C[ Of J10.27 f[ET 10 lH( rOINr OF I[GINMING.
SAID lANDS SITUATE IN IOY"10N I[ACH. rAlH I[ACH COUNTT. fLORIOA.
COIITAININC 7.0000 ACRES, HORC OR L[SS.
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~ DESCRIPTION: -TRACT 2"
. A PORTION Of SECTION 29.. TOWNSIIIP 45 SOUTII. RANG[ 4] EAST. PALH BEACH
COUNTY, fLORIOA AND A PORTlrn OF "LAKE BOYNTOH [STATES PLAl )", AS
RECORDED IN PLAT BOOK 13. PAG[ SJ OF THE PUBLIC RECORDS or PALH BEACH
COUNTY. flORIDA. AND BEING HORE PARTICULARLY DESCRIBED AS fOLLOWS;
COHHENCING AT TIlE SOUTllEAST CORIIER or SAID SECTI()I 29. TOWNSHIP 45
SOUTH. RANGE 43 EAST. THEHCE N. 01- 34' 16" W., AlOIIG lHE EAST LINE Of
SAID SECTION 29. A DISTANCE Of 7)0.64 FEET mn( SOUTHEAST CORNER Of
LOT 4, BLOCK 47 Of SAIO .LAKE BOYNTON [STATES PLAT J" AND THe POINT
Of BEGINNING Of THIS OESCRIPTION: 1I1[NCE S. B8- 25' 44" W.. AlONG THE
SOUTH LINE THEREOF, A DISTANC[ OF 50.00 fUT; THENCE S. 01- 34' 16" E.
ALOHG THE EAST LIHE Of LOT 2t BLOCK 47 AND lO,T i BLOCK 48,' A DI5TAHCl
OF 290.00 'UT TO THI SOUTHE,," eOIlHU OF SAID Lor 5& TIICHeE S. Ra-
25' 44- W, ALONG THE SOUTH LINE OF SAID Lot 5, A DISTAHCE or SO.oo
FEET. THENCE S. 01- 34' 16" E. ALONG TH[ EAST lIHE or LOT I, BLOCK
48 AHO LOT 6, BLOCK 53, A DISTANCE OF 250.98 fEET TO AN INT[R5[CTION
WITH THE HaRTH LINE Of THAT 70.00 rOOT ORAIHAGE RIGHT-OF-WAY AS SHOWN
ON TH[ FLORIDA DEPARTHENT or TRANSPORTA11()1 RIGHT-Of-WAY HAP Of 1-9S
WOOLBRIGHT AVENUE) JOB NO. 93220-2411. SHEET NO. 27. THErICE S. B9" ~O'
2S. W., ALONG SAID NORTH RIGHT-Dr-WAY liNE A DISTANCE or 4S2,OO FEETi
THENC[ S. 77- 31' 21" W, COIlTlNUING ALONG SAID HORTtI. RIGHr-Of-WAT
lIHE A OISTANC[ OF J86.16 fEET; THENCE S. 8S. 45' 32" \l: CONTINUING
ALONa SAID NORTH RIGHT-Of-WAY LINE, A DISTANCE OF 120.Bl FEEl~ THEHCE
H. 01- n' O. E. ALONG THE EAST titlE Of LOl 14, BLOCK 51 AHD LOT 14,
2). BLOCK SO Of SAID "LAKE BOYNTON [STAlES PLAT )", A DISTANCE Of
438.81 fEET TO A POINT Of CURVATURE AT HIE. NORrllEASf CORNER or lOT 14
Of SAID BLOCK 50; TIfENCE NORTlIWESHRLY ALONG TilE ARC OF A CURVE TO TIlE
LEFT ~AVIHG A RADIUS OF 1830.00 f[ET. A C[NTRAL AHGLE OF 17. 38' 50",
AN ARC DISTANCE Of 563.64 rtEfi WENCE II. 8A- 26' 13'" E., A OISTANC[
Of 573,01 HET TO A POINT Of CURVATURE' rllttle[ ALOHG TilE ARC Of A
CUR\,[ 10 tHE R1GIIT IIAVINa II AAOIUS OF 1000,00 rUT, II CUHUL ANGLE Of
10- 42' 04". AN ARC OI$UtIC[ Of' 11)6.77 rUT TO A POINT or A[V[ASE
C,lJAVATUIH. TIIEHCE ALOIIG THE ARC Of ^ CURVE TO 11/[ LHT "^VI/IG A RADIUS
OF 1000,'00 fEET, A CENTRAL AIIGLE Of 10' 42' 04". AN ARC 0151AIIC[ Of
t86.71 fEET TO A POIt.I Of TAtIGEHeri THENCE N, 80- 26' I)M r., II
OISTANce Of 19J.30 HET TO A 1'0lrtr Of INTERSECTION WITII THE EAST L1I1E
Of SAIO SECTION 29; TII[NCE S, 01")4' 16" L AlOIIG SAIO [ASI LINE II
o 1ST A Ii CEO F 350. 00 FE [T TO I II E PO I NT 0 FOE GIN N I N G .
SAID tAIIDS SITUATE IU BOYlITOII BEACII, PALH 8EACH COUNIY. fLORIOA.
CONTAINING 21.8455 ACRES, HORE OR LESS,
.........
S t I" I r r T T:'1 r ~ " ~ fH ~j T ~ A II n R! r, 1I r <, ,or, \.i H f] r f) r en p [,
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IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY. CIVIL ACTION.
TRADEWINDS DEVELOPMENT CORP.,
a Florida corporation,
CASE NO. CL-86-3661 AE
Plaintiff,
vs.
THE CITY OF BOYNTON BEACH, a
Florida Municipality
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l{.,.... "~ 1 'to J;,i ,
Qel 3,0 1ri9
erN p,:rrORNiE"l
Defendant
JOSEPH MOLINA and LAKE BOYNTON
ESTATES HOMEOWNERS ASSOCIATION,
INC. ,
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Crossplaintiff,
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vs.
TRADEWINDS DEVELOPMENT CORP.,
by its agent, KERAN J. KILDAY,
and THE CITY OF BOYNTON BEACH,
Crossdefendants.
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STIPULATION AND ORDER BETWEEN THE PARTIES REGARDING
COMPLIANCE WITH COURT ORDERS
DATED OCTOBER 21. 1988. AND JANUARY 27. 1987
The parties, TRADEWINDS DEVELOPMENT CORP. and CITY OF
BOYNTON BEACH (hereinafter TRADEWINDS and CITY respectively),
have entered into the following Stipulations relating to the
Court Orders dated October 21, 1988, and January 27, 1987, and
have agreed to the fOllowing, which the parties respectfully
request the Court to adopt and the Order which hereinafter
follows:
1. TRADEWINDS and CITY agree to fully comply with the Order
approving Stipulation and Settlement dated November 6, 1986
and Judge Rudnick's Order dated January 27, 1987.
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2. The parties recognize that the Department of Community
Aftair'.
(DCA)
review
of
amendments
to
the
1986
Comprehensive Plan would be advisory only.
3. In order to effectuate' compliance, the parties agree that
this Court amend the 1986 Comprehensive Plan of the City of
Boynton Beach nunc pro tunc so as to grandfather the
PTradewinds projectP into the 1986 Comprehensive Plan. The
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TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
"Tradewinds Project" will therefore be deemed vested as to
the Amended 1986 plan as set forth above, with all vested
rights (including but not limited to those impact fees and
traffic standards in effect as of November 6, 1986) as
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contemplated in the original Order approving settlement
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dated November 6, 1986.
4. The CITY shall continue to proceed with due diligence to
rezone the PCD, and the City shall amend its 1989
Comprehensive plan on final adoption so as to make the
language in that plan at least consistent with the 1986
Comprehensive Plan as amended by this Court.
Oc~ober ~I . .1989
Dated
ROBERT D. ON, ESQUIRE
SLAWSON & CRITTON
Suite 30
712 U. S. Highway One
North Palm Beach, FL 33408
Attorneys for
THE CITY OF BOYNTON BEACH
F. RTIN
1665 Palm Beach
suite 1000
West Palm Beach, FL 33401
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
AND
STEPHEN N. ZACK, ESQUIRE
ROBERT C. LEVINE, ESQUIRE
Courthouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
Attorneys for
TRADEWINDS DEVELOPMENT CORP.
ORDER ON STIPULATION
THIS CASE came before the Court on the above Stipulation
dated October
, 1989, and having heard argument of counsel and
being fully advised, it is hereby ORDER and ADJUDGED as follows:
1. The Stipulation is hereby adopted and incorporated into this
Order in its entirety.
2
TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
2. The 1986 Comprehensive Plan of the CITY OF BOYNTON BEACH is
hereby amended as of November 6, 1986 DYnQ.pro tunc so as to
include and grandfather in the TRADEWINDS Project. The
TRADEWINDS Project is deemed to be fully vested as of
,-,
November 6, 1986 with all rights as of November 6, 1986,
including, but not limited to, those impact fees and traffic
standards applicable on November 6, 1986, so as to comply
with the Order approving settlement dated November 6, 1986.
3. The parties are directed to comply with all terms and
conditions set forth in this stipulation and adopted into
this Order and set forth in prior orders and stipulations,
except for any DCA re~iew.
4. The Court retains jurisdiction of this cause for such
further orders as may be required.
this
DONE and ORDERED in chambers in West Palm Beach, Florida
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: , 1989.
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TRADEWINDS V. CITY OF BOYNTON BEACH
CASE NO.: 86-3661 (CL) AE
SERVICE LIST
Tradewinds v. city of Boynton Beach
Case No. 86-3661 (CL) A
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Raymond Rea, Esq., City Atty.
City of Boynton Beach
P. O. Box 310
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Stephen N. Zack, Esq.
Robert C. Levine, Esq.
CourtHouse Center - 26th Floor
175 N.W. First Avenue
Miami, FL 33128-1817
F. Martin Perry, Esq.
1665 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
r,
John Beranek, Esq.
501 South Flagler Drive, suite 503
West Palm Beach, FL 33401
Terrell K. Arline, Esq.
Prosperity Gardens - suite 204
11380 Prosperity Farms Road
Palm Beach Gardens, FL 33410
Joe Reiter, Esquire
Northbridge Centre - lOth Floor
515 N. Flagler Drive
West Palm Beach, FL 33401
':T. n1 ;c.A.a.~ IBVfl.hfIf1f/, t"p
7(7...VS /Jwl *.1.
~,'k '300
AJ P6, 1-<. 3"!>>'10e,
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t N r H~ L.-t ~- __.,. L.UUH I Ut- 1111.
1 ~ TH JUO lei h_ C I kCU 1 r, IN '.N'J
FOR PALM EcEACH CUUNTY, f-LUHJul~
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CASE NO: 8~-Jbbl (CL) A
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~L~RIOA bAR NOI 005~1~
TR~U~WINOS D~~EL~PM~NT~
com,'urtl4T JON, bOy 1 t. ~g.r.t,
K~RAN J, KIL.DAY,
~'l ~ i r.t i f t ,
.. ..
vs:
TH~ CITy OF ~OYNTON ~EACH,
Oererld.r.t.
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5 r IPUL.AT ION f~Nu SE:TTLEMENT AGREEMENT
TRADEWINOS OEV~L.OPMENT CORPORATION .nd THE CITY OF
flOfNIUI'I Etl:':ACH,
by and throunh th.i~ und.rsign.d attorn.ys, .ft.r
s.\tl.Mv~t Approval by the City C~uncil of lHE CITY OF DOYNTON
. "
~t::~CH, h~"eby stlpulate 4r.d .'1,.... .. 'ollowsl
1.
TRADEWINDS DEVELOPMENT. CORPDUATION.
Cher.l naft .....
('.
,'afe",'ed to .. "TRADEWINDS") i. the d.velope," .:,t'... p.,"cel .:.1'
pr.:.pe,..t y l.:.c.t.d i n- tho C i ty"of Boynton ae.ch, Florid...
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In
.J .n.J.....y,
1986,
TRADEWINDS subMitted ~n
~ppl1C~~'Q~ to tho CITY OF ~OYNTON &EACH Ch.r.ln.ft.r referred to
.as the "CITY") to '''.:.=,ne . p..t"c.l 0' pt"op.rty fro'.1 H-1A (sU'.glQ
'~,.11 1 Y ....1d.nt ,..I) A,..d R-3 er..ul'l-'.'''lly .......ider.\. i.l>> t.:o a
PI.nned U~lt D.v.lopM.nt.
Thi. .pplicAtion .nd property .h~ll ~.
,..,r."roed t.:. h.'''.lrr .. the "Woolbright PlAce P.U.P....
3.
Orr M....ch 1.8,
1906, the CITY d.ni.d TRAD~WINDS
~ppllc~tlon to re:o~. th. "Woolbright PlAce P.U.D....
4. ~.. r..ult 0' the City'. denial, TAADEWINU~ fll.~
c\ C,:,'tlplc'ur.t f.:.,' """It .:of Cer..ta-:....ari ~Qair.st the CITV 0:.", Ap..il 10',
138C whl~h is the 5YbJect Matter 0' this .tipul.tlon.
~, J~ addltaon, on April 1, 1986, TRADEWINDS ."bM.ttw~
"'.., "'ppllC4It '.:on t.:. the CITY to r.z.:m. . pAt'cel .j' prop....ty ".':0"1 H-
I A I ~ H,C) 1 Cl f &\"1& I Y "U" uh..,..t 1.1 ) ,_ R-3 C '111.11 t i - t al'.l1 I y '....a de'." Ill! I
..,..~ ~-.::,
c ,... & UI'\b.:.......;..:.d c:.;...",ror.C'..l)
t .:. .. J:'l .. r.r'..d
C,:""'lIt.H'C 1 '"" I
De"".I':''-'''IIPr..t
0::'. C. D. ) ,
ThiS p,.o:.pe,-ty arid appllcat 1':", ..hall bQ
,'cf.?/'/'c.'.J t.:. as th~ "W.=,,:.lbr"ghl: C~rlte,' ~'.C,D, ",
EXHIBIT "A"
. .
b. (. '~y thlS "'j.)~11C'"'tlC.r,,
')
THHUl::WJNUb AB..:' r.':".lght
.;\
... .
ch~rI4L'
1 rl
the Clty'S C,:,','pt'E.'IHH.!.:.lVIt lar,d '.l5e pl.n.
1. The W.:..:.lb'''l~flt CE'r.te.... p.e.v. Appl.1cAt.lc.n p...og....ssed
,
l-
I' th'-':".I.gll thll Plar,r'lrIQ Af,~ l.:.rllng Conuni..l0na Arid the vArio.J. b';',l..U
'..
e.:....'s 'dlil'r. t 1':",. nctCW5sa,"y I.lfld.r t h. C it y' .
ord i '.~,...ce.
Thfl
....
w.j.:.lb"lght C.r,t.,.. F='.C.D. .ppllcat:ion w.. .v.r,t'J.ally .c:h.d'Jl.d f.~....
f1r,i'1 e,:,,,.sld.r..tlO:...., b.'.:.... the City C04..ncil c.n .July 14,.1986..
8. At the cQ~cly~ton 0' the h...~tng on July 14, 19B6,
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th~, C,ty Council voted to postpone and table conaider..tion of the
l-I.:..~.l b,' 1 gh t Ce'lt .... P. C. D.
.applic.tion untll the litigAtion ~f the
~
W.:..:.lb''''ght ~'l.c. J='.U.D. .ppllc.tion wa. t.rhurlat.d.
~. Subseqyent th.reto, on SepteMb.r 3, l~a6, the Clty
".Jeceud a cc~preh.nsive S.ttl.M.nt off..... M.d. by TRAOEWINDS to
eh.. C1ty.
TRADEWINOS tr.at.d the rejection 0' it. ..ttlvMun~
.;.ft~... by the City C';'4.Inc:il .. a d.nial of the WoolbrlQht: C.nt....
P.C.D. .application and ~~ S.pt.Mb.~ 19, 1986, TRADEWINDS filed an
.dd\t\o~..l Writ of C.rtiorari in this action to include th&
de~lal Qi the Woolb....ight Cente.... p.e.D.
appl ieat ion.
an Oc:t.:.be,"
7,
1 ':ide.,
the CITV .gain conmid.r.d the P.C.D.
.ppllcat tor. af.d
vote~ 3 to a to deny it.
1 (I.
SUb..q....r.t
t h....to,
on Oct o b..... ~O,
l~UC.,
TRHOEWINDS,
by
and
t h"':'ugh it.
at to..r..y,
aubf.1itted'
iii
cOMp"eh.n.~ve ..ttl.Ment propo.al to the city ..ttling all
Matt9rs In e~ntrov.r.y And l1tiga'ion b.twe.n the City .nd
THAOEWINDS.
Th. settleMent propo.al wa. contain.d in a letter
d.ated Augyst ao,
1 '98E. 'ro", F .
Martin Perry,
at to..rl.y f.="..
T~~DCWINDS DEVELOPMENT .CORPoRATION,
to Kirk Friedland,
lipeclal
city ~tt~rney to THE CITY OF ~OYNTON ~EACH.
A copy of s.,d
lEd. t ..,. ~ 1.:.rI9 "'1 t h the .,..c 1 ~'.ur.a t herwt 0 i. .. t t Ached hl.....t 0 ~
EMh1l.ut "A" A,.,d 10 specifically inc:o,.p.:-,.at.d hatr'elr. by ,'.f,u..,.e"'.
II. 0,.. .:.... lIlbc.ut Oct'::'~.r 21, 19Se., the City Council.;:."
TH~ ClfY OF &OYNTON &EACH h.ld . r.gYlarly sch.duled M.eting .t
WhICh ~IM. It eonS'd."ed the oettleMent propos.,!.
1 :.
-.
Ht lh&\t
t l',le,
a Motion was Made t~ accapt
thQ
I
'l:.el t ....'.I6"r.t pl'o:'~':'~al IIHi lot.H f.:.,.th lr. the Oc:tr..be," '::.:',
1 '3ul::, 1 ,.t t (!I"
c1 1.:. ""H wit 1"1 t h" c1d ~ 1 t l.:,.r...d I'Vcp.lu'e,.,e....t t h ~ t t hut. WI':' .:.1.' t - p~ ,'ct: h.. Lt:
1r.el'Ided 1r. lhet W.:..:.lb,..nld l."I:..".tno,. ro. C 0
:.J ... PO. . .
."r.d th.lt th.,y be lu.IJte.-cl
~
.~
, ./
. ,.:.t' '..s.. by ~ b.", ".g
lnatltutlon and 6 qu~llty sit
d .:.... ~.
,.es t .'J,'.r,t.
F.J,.the,", the tJS. of the OlJt p."c~lti t.:-,.. A '..t t.:..:..j
,'esti"J,".rlt wIth drlv'!-lrl wlndc..... wa. IPHp"ltlilily
;.
p,"r.'h llu t ed .
A t;'."..C'''lpt .:,f thft p...,.t ~t' the m..tlny d.alirtg with thtt
.,
...ttleMent proposal
16 att.ch.d h.r.to .a f:.Hhlblt ue" .r,d
1'.
specif'lc.lly lncc't'"p.:.rated he....ln by r.f.r.nc..
,
13. The City Councl1 by a 3 to ~ vote acc.pted thr
5ettleMe~t propo..l as 5dt forth in the pctober ~O,
1'386 l.tt.r'
fr~M Tk~OEWIND~ .lo~g with the addition.l requlr.M.nt. th...t th~
two oyt-p.rc.ls be includ.d in the p.e.D.
And thAt th.y br
1 1I1U t ed
for us. by a b.nklng In.tltution and a quali'y .it dow~
.....t ~'J,'.rtt.
Furthur, thu us. of the out par~.l. tor a f.st '~od
re~t~yr.nt with driv.-in window. wa. .Kpre.lily prohibited.
14. Th. Motion by the City Council to Accep~ th~
~ettleMe~t pr~po..l a~ong wi~h the a~ditional
....qu l.....".r.t.
concerning t~. two out-par~.l. wa. in ....nc. A counteroff.r of
5a t t 1 e'll.rlt.
.. "
Th. terM. 0' .aid count.roff.~ were .Mpr...ly agre.d
t~ a~d accepted by TAAOEWINDS~through its counsel at the October
'::1, l':1ae. ",eetlr,g 'AS .videnc..d by the transc"'lpt of ..id lI1.etir.9..
~
15.
A. SUCh, TRADEWINDS and the CITY hereby Accept and
agl"ee to the t....,.,. of the l.tt.... dat.d Octob..... 20,
1906 fro,n F.
1"0),' t 1"1 S:'.r."y t ~ K l...k f',. H.d land,
attach.d h.r.to au EHhiblt "A",
as. a'der.ded by the ','Clt 10....
16. TRADEWINDS Arid the CITV h.....by acc.pt And .pp,.ov"
the Mast.r plan att.ch.d to the above ....f.rr.d lett.r .nd
ide~ti't.d .s th.t cert.in ma.t.r plan pr.p.....d by Kilday and
ASSOciates bearina dr.~ing nYMb.r 8~-34,
l..t r.vim.d on Octobwr
1'3, l':1ae..
17. TRADEWINOS sh...ll
b. r.quired .nd .gr... to lnclyd.
.'"'"
the two out-parcel. and to liM1t
1'" Uhf W':":'lb"'"ht Cer.ta,' F'.C.D.
th.1l' I.'~. t.:.,.. a b.,..JqrlY ir..titutic,r. arid a 61t d.:own q~'.tlty
I'". t .A'U'.,..t.
I: ''&'' tho,',
thw Y.. of the ~yt p.rcol. for . t~~t f~~d
r.~!.tC\'.tr'ol'r.t w1.th d...1V....lr. wlYld.:..w. i. hfl....by .Hp.....sly p,'.:.hlblted.
1 S.
F .:.r' p...,. p.;...."" .:.,. c: 1 a '''1 f I cat 10rl ul'.d C';.I"IV",..l er.ct:, \. he
(
I
tel',.IS s..t f.:.r.th 1". thE' Oct.:.ber' '::1:"
1 '30a:. 1 et t er' f ,..;;..,., F.
M..".t 1 r.
~. ., I' .' v t. .... K' t' I- I: " , L~ d I .... "I" t J f 1 1
' . ........ . ..,,,.t,, C) ,'..d t ':. he,'., rl, a,...tio .:, .:.W"!. ;
J
\
. .
.
...a.
,- ...IL 101e I LH r ~'L.."H':t r:'. t.. U.
. h w "'. ~ l L' . . rJ I ..H.
.att.i'r.hCOlJ rll:>,.~t.:. ..H.d i'pp,'.:.veLJ by the p...tl.~ ,'etlect.:
A total ot S20 dwelllng unil$ located ~~
I .
8S.2t37E. .c,'.s ...hich eqp,.atea t.:;,. gro.. d.n.ity..:,' 6.0e) dwel1irlr,)
(
urll t s p." .c,'..
.."
.::..
A detach.d ~ingle f.Mily houaing tr.act
conslstlng of 70 single 'aMily dwelling units,
a .And pi r.e
.
.
p"eS(l",'v~t 1':'1". a"aa arid a 3.76 ac... e.p.n ap.c./p...ive r.c.....t i.:.,..
.u'ea w,'apped tI,":".lr.d that p.:-,.t ion of L.~.e .Boynt.:>n Estate. wh lch
b.:.,'d er"s t he r,.:~...t h p...o:.p....t y 1 i rl. of T....d.w i nda.
3. ~ _.5 acre l.ke, single faMil~ hOM.a, and
c\ !OClr.d p'r.. p.....,..v., ie.... M..... .. wel'l .a a :5Q foe.t be,...".d, fenc.d
b'.lftR.. .,.... b.t.....n P.l,., e..ch Lei.'.areville I-":,n,e,. lYing adJ.c:erlt
t.:. the S. W.
8th Str..t "'lght-of-w.y and Tr.dewind. pt"opo..d
1.1 r. , t 1J .
.
~. Jhe r.contiguration of S.W. 8th Str.wt to
c"".te a T 11"It.....ctl.:.r. "",thin the P"U.D.
:5.
,
The MUlti-tAMily hou.ing,
which will be
1 H.ll t",d t.:. t....:;, ar.d th,'e. ,.t,?,,,y condoMiniunul,
is .ubst~ntlally
sep~"e)ted by !.lr.gi. fa..uly he.me. fro." the .ingl. f,u.d IV he.,..e. ln
L.rns.....evlll. and L.-ke &.;.yr.ton E.tat...
Et.
INDUSTRIAL ACCESS ROAD AND NEW
RAILWAY
CHO~:.i!NG:
The lndustri.l .cc... rO.d and new railw.y cro..~ng
sh.l 1
b.
located
~. reCOMMended by
T....d..wand.
tra'flC:
c: .:. ,., 'Ii '.1 1 t .. 1". t . ,
Murr.y-Duduck .nd A..octate. and &arton-A.chM~n &
A . .. 0,;. C 1 .a t ". ,
.. reflect.d on the att.ched M..ter pl_n.
"he
".ll".:,ad C:'''-:'5s1rI9 .t Oc..n D,"ive shall be clos.d.
TRADEW1NOS
shall "'Ithdra... Its ~bJectio~5 to M...s.
Winch.ater's cOMprehunG1V~
pl~n ~MendMent ~pplic.tion for the rO.d and the crossing.
C.
WOOL_feR I Gt'f( CENTER P. C. D. I
There shall be
"-
-'
t~t~l ~, 1~9,OO~ square feet consi.ting of 173,000 .qu..... f..t of
..~tc\ll
.I".d oi:E., .:..:..:. sq....,,". f..t e., o'flce park.
Th i. ....pl..IIGRr.t r.
l';J"J, ':11.1';' sq".". feet .:.,' ~'. C. D.
~n ~~.64 .cr.. wh~c:h equ-,tes tQ
1~, 4;4 5 It u c~.vc.."'.'\Qe.
(
o.
CON~lTI0N~ OF A~~ROVAL. OF p.e.D. .nO P.U.~.:
1. TrlAOEWINDS .hoilll be b.:...arld .:.nly by the
5. 1ooJ.
~'~r. ~ll'Il"'l C~'~'r"'lCJ"I' HlfJI'w..,y Req'.I1,'e",er.ts, Fal... Sha,'e I,,'p~ct
.ft
.g.
~~,t
J
.
f-..",~ ar.d C.:.r.c:I'Jltl.:.rl~ c;.c.-t. f.:.,-th c.n page. 25-.::ti lr.cl'JS1VIt .;.f the-
T,' ~ .; f 1 c:
IMpAct An.ly~ls keport ~n the over.ll Woolbright ~O.d
(
s. w.
8th Str...t J:...,:.Jfl'cts pr.ep......d 0'. Ap.-al I,
1'386 by DAni.1 N.
M '.1 , . " .. y ,
P. E...
Ana t!'(l .:.th..- ApplicAble ':"'du'..r.ce,, of the City.:"
'.
Et.:.y...,t.:.r, fi.~c:h ,'.lAt tr.g t.:. th. develc,plner,t c.f th. .1te.
2. This stipulation and settleme.t agreeMe~t
~h ~ 1 1
be sYbJect o~ly t~ the condition.
in the Murray-Dudec~
,'.p.:.,-t
~s d..crtbed h.r.i~,
and all other .ppllcabl. ordin.ncen
~f the City for developMe~t of the .it..
In this latter rVSpRct,
(
T,'.aewands acknowledge. th..t the City cannot bind PalM Beach
COy~ty ~. to It. F.ir Sh.re Tra'flc IMpAct Fee Ordinanc. and th.t
Tr~~Rwa~d~ ~h.ll
b. s~bJ.ct to the County'a IMpleMentation or
t h c\ t ,:,,'d 1 r,. rIce.
3.
Th. Ctty agree. to suppleMent
.. r.cJ .I 0;'..-
.:\I.Io,.d th. e 1 t y' . Co'.'p,"when. i v. Plan A,..end".ent. .nd .valu.at lor. ..\ r.,j
.PP'..I..1 rltpo...t WhlCh hAve be.n, .ent ,to the Depart '..ent of
(>.
. '
C.:.,,,,.,...,.., t y Ar,. h'. with .appropriat. documentation to r.'l.ct th.
oiIg,-ee'l.er,t. cor,t e'.Ipl.at.d hGre in.
'..
It. To the ."tent, tha' o,"dinance. ....y b.
,...q '.' 1,'.d
to iMpleMent ..ny 0' thes. actions,
the City agrueG to
p,'ep<i"'u .r.d
Adopt .ny .nd ..11 ordinance. n.ce....ry to iMpleMent
the te,'rl's .:., tha. ..ttlefl1ent.
E. The partie. .gre. to seek an Order frOM tha
c.:.. 1 ,- t
con'lrM.~Q and r.tifying the agr.ement.
Th. Cou...t shall
,'et.,r.
JyriSdietaon ~ver this matter and the partie. to insur.
th.at:
b~th p.artle~ adhftr. to the terM. 0' this .tipulation .nd
settleMent .gre.Ment.
F.
Tr.deWlnds agr... thAt It Will.
",
1. ReiMburs. the City for .ny and ~ll
· t t ,:,,'r.wy. fe.. ..r.d tfH per,,,.. 1 t ha. i r.curred 1 n con.j ur.ct lor. wit h
th~ per.u1r.g 1 it i.g~tl':'r. wlthi,.. ten C 10) days 0' the ,".ceipt of ....1
I ,.,v.:., e.. s'.lb.eq.o..,r,t t.:. the 03PI,,-c.v"l 0' the F'. U. D.
.. c::orlter..pl.,tvd
h~,o~. .....
f
.'
-.
DelIV.'" .a full .ar.d c""'pletv ,'.lea511' f'"':'hl
Ttoc\rte"l1 r,ds,
1tS ,:.ff1Ct....S,
d 1,'.,c:t 0.:"''51,
s t .=,c ~ h.;. 1 de" 5 ,
er..p 1.:.ye,!'S
~ r.(J /.:...
ill gar.t '51 ~r.d "L'p'-t;o~,-.,.t 51 t 1 vea CIS t oj ar.y ~r,a ~ 11
.act a.:.r.~
.:.,'
...
...J
,.
. Il..--
'. -,,_..
.:. ,
.
,.\ '- ~ 1 .:. rJ
wh 1 Ch \ t .:.,.. th..y ,.I.Y ,J".
. g . 1 r.a t
thu
t.,; ~ to Y
.na/.:.,' .,\,.y .:.t Its .:.frLClills, t!i!.tpl.:-yees, c..)ns.Jltar.tSi ar.d/-:... ""ql!"lt~
(
~,.. 1 sir. \1 -:".' t (;. t t h. J:'. U. 0,'
i
t.:. the CIty IJpor. T,'aqewlr.ds ,.eceipt of thtf ..eq.'Jisitlt eKec..Ited
"" pp 11 cat i (.,.ti.
Th i Ii ;.hall be del i ve,-ecJ
.~
.:.,'d11'..r'.ces .;,.f app.-.:.",al' ar.d site pl""'J .ppro",..l
i rl cc.,. f c.rr.. it y
he'""""l th.
The
releases tihall be held
in ..crow by the
...r.d.,I''51 gr'.ed
Ii' r.d
deliv..-ed t.:. tho City in acccwd.r.c:e
With
...
th1S
p .' .:. '" L ~ 1 .:..... .
A p",:,p':lsed .=.:.,-,.1 I" .tt.ched h.,..to .. '::KhLbit "C".
3. Oeliv.r a full and c~~pl.t. ....ele.5u frOM
rr-~dCw I r.d~,
its .;, f f i ce."5,
d i t".C t 0'''. ,
s t .:)ckho 1 de.....;
R..lp l.:.yt:t"!i
.,..d/.:.... .gor.ts ar.d ....pt.....nt.tiv.. .. to .ar.y and .11 action. .:....
C.Y5.~ of action whlCh it or th.y may have agains~ the City
~n~/~r .a~y of ats offiCials, employ..s, consultants and/or agent.
.a,' 1 S 1 r.q ':".It P. C. D.
appl1c.at ion..
Thi. .hall b. d.llv.red to the
CIty ypOn Tr.d.winds r.c~lpt of the requi.ite .K.c~t.d ordln~nce.
.:.r ....pP'...:.val and sit. pia... .pp.....~v.l in conforMity h......,.uth. Th.
:; . '.
"olease sh~ll b. h.ld ln escrow by th~'und.~.igned and d.liv.red
to the C1ty in .~cord.nce with this provision.
A pr.:;,posed f.:.t"'.1
.
1 S oi'ttitched hvret.:. as EKhlbi~ "0".
G. The approval. cont.mplated h.rein.. to the
C,:".,p,'ehe...slve Pl.n A~I.nd,.I.nt And the P. C. D. .h.ll be .ub,j.c:t .,;".ly
t~ th~ 5~cc.ssful rev'.w of .the Compr.hen.ive Pl..n AMendm.nts by
th~ O~p.rtM.nt 0' C~Mmunaty Af'air..
~"l"~ F"'I.dl~...d, Eu.q'.I1r.
At t .:.,......y 1'0'- De f.r.da..."
In. City of 8oynton e..ch
Fl~gl.~ Cent.r, Su~te ~03
S':'1 !;i':".I t: h F 1. III L ... Dr, v. .
W..t ~.lM ~..C:h, ~L. 33401
F. Martin Perry & Assoc., P.A.
Co-Coun..l tor Plain'1ff,
Trad.wind. D.v.lopment Corp.
~l~ North Flagler Drive
Sui'. 701, No~thb~idl. Centre
We.t P.IM e..ch, FL 33~01
~v'\ ~L~!.L~J~~i!...\.\~-=:i__
~l~K FRIEDLAND,~SQUI~~
arId
-.........
l'
Klein & &.r.n.~, P.A.
At' c.,'n.,y. ,.:..... ':'1. ~ r.' " f f,
Tr.dewtnds OevelopMQnt Co~p.
Flagl.r C.nter, Suite 5u3
501 South FI.gler Dr1ve
W.st P~lm e..ch, FL 334Ul
all &..L_~~M~'=_
tOHN ~ERANEK, (~UUIHE
. '
G'
)
-,-~-
. . \
(
TRAOEWINDs DEVELOPMENT I
COR~ORRTION, by ita agent,
KERAN .J. KIl.DA.Y,"
.'
IN THE ~IRCUIT COURT OF THE
l~TH JUDICIAL CIRCUIT, IN AND
FOR PALM ~EACH COUNTY, FLORIDA
CASE NO. 86-3661 (CL) A
-z...
PI.. i nt if' ,
Q
. ... '"'
.. ''''''c
-:~r;'
:1. ~:::
.'I:'l'l~
~'"':"C:J
~ -"I'
, ':. <<:::J
4~: -:;::-
:.' ...~:
of- .~p.
.i ~ I'll
.,~
""f
~
"
....
.
vs.
".
ORDER APPROVING SETTLEMENT AGREEMENT
Q)
~
""
~
-
.r::;
."
-....
THE CITY OF BOYNTON &EACH,
-.
.. .
Defend.an'.
. ' I
-~----------------------------
.
THIS CAUSE car..e on to be heard on the .1oint Mot ion for
.
Order
Approving S.ttlement Agr....nt fll.d by
TRADEWINDS
DEVELOF'MENT CORPORAT I ON arId THE C 1 TV OF BOYNTON iEACH, and iii ft.r
considering .aid Motion, the Stipulation and Settlement AgreeMent
f1led herein, and the pa~tte. ha~inQ agreed'hereto, l' i.
ORDERED and ADJUDGED.
1. That the Settlement Agreement entered 1nto betwee~
the ~'l.aintlff,
TRADEWINDS DEVELOPMENT CORPORATION, and the
-
Detendant, THE CITY OF BOVNTON BEACH,
i. hereby approved,
~
confirMed .and rati'ied. A copy of the Stipulation and Settl.Me~t
AgreeMent i. attached hereto .. EMhibit "1" and i. .pecifically
'~c.:'rpor.ted in thi. Order by reference.
a. The Plai~tif', TRADEWINDS DEVEl.OPMENT cOR~ORATI0N,
and the Defendant, THE CITV OF BOVNTON BEACH, are hereby order.d
to COMply with the Se'tlemen' Agreement.
3.
Thi.
Court
re'ain. Juri.diction
of
theue
proceedings .nd the' p.rti.. to enforc. the term. of the
Settlement Agreemen~.,
ach,
___I
1986.
.
w...GIZ
(
Cop1es fyrnisheda
K1rk Fr1edl.nd, Esquire
SOl So~th FLAgler Drlv.
St.! ,t. :'u:-', F l.gl.r C.,r,t (..,.
\.Ilitst JJ.l,u e.e.ch, Fl. ,:),J4\) 1
F. Martl" ~errv & AS50Cltltes
I:: 1. I t
~ ~ N~rth Fltlgler Drlve
5'Jlt" 7ul. Northbr'ldul.' C~H..tr.
\.Ie.t JJ.lm e...en, Fl. 334U1
John &er.'lek"
Klei.n & EI.....n.
501 South Fl.g er Drive
SUite 503, Fl.agler Ce~ter
We.t p.lm ~e.ch, Fl. ~34ul
P. A.
d- 0-1\~'
EXHIBIT "a"
.
. '
.....~
(
,
;
IN THE CIRCUIT COURT OF THt FIFTEENTH
JUDICIAL ClkCUl'F OF FLORIOA, IN ANU FOR
PALM HEACII COUNTY.
CASE NO. 86-3661 eCL) A
..
;,
TRADE~INUS DEVELOPMENT CORP..
by lts ag~nt. KIERAN J. KILDAY,
'.
PlaintlCf ,
V6.
THE CITY OF BOYNTON BEACH,
Defendant.
I
4
ORDER
This cau.e came on for con.ideration upon the Petitioner'. Kotion to
Compel Compliance vith Settlement Agr....nt and the Court con.id.ring the
evidence adduced. hearing argument of coun..l and b.ing fully advised in the
premi... and noting that the in.tant proc..dings have not be.n .tay.d although
there i. pre.ently an appeal pending in tha Fourth Diatrict Court of Appaal.
' .
it i. thereupon
f"i
CONSIDERED, ORDERED AND AD.JUDGED thae the Court arant. the Hotion to
Compel Compllanc. with Settlement Alreement .-de by the Petition.rs. The
D.fenda~t City ahall proce.d with the r.-zonini proce.a purauant to the
Stipulation of the parti.. and .hall adopt ordinance. relative to the Planned
Unit Dev.lopment in conformity with the Settlement Agreement. Th. ordinance.
shall b. Ich.duled for r.adina a. required by City Charter forthWith. Th.
City of Boynton Beach .hall file the ComprehenaivM Plan Amendment relarding
thM relevant portion of th~ Planned Commercial Development no later than thirty
(30) day. from the date of this Order utilizlna the documentaclon the P.tLtl~n~r
provide. within that tlme period. The Court note. that the Department of
Community Affairs may have its own demands which, if not complied with. may
""
prohibit the Defendant City from proceeding to ultimate conclusion in its
re-zonina process. Should the Oepartment of Community Affairs indicate ita
approval of thu Comprehella;iv., Plan Amendment, the City ahall then adopt
ord1nanc~s relative to the Planned Commercial Dev~lopment in conformity with
thw S~ttl~m~nt Asreem~nt. Th~ ordinancMs shall b~ scheduled tor read1nR a~
(
rl.'quirllld h)' C.lllr Cil)' <':1".11"", iH th:u t1m~. 84t-,J ,.n c.1.. S"tc.J&..::."rIL Arrl.&.I:."nl.
to r~quir~ Plaintiff to submit to new hearings and ne~ votin~ procedures
:If'l'r''\'in~ th, upl.Jil.'ll,'II:. \.'1,i(:11 ,"'~r,,' eh..: SUb.\l.('t ,.f till.' S,,'llJ~nll.'nt ^rh',,'n'"'\It
w~'uld rl:ndtr ie m&.'an1n~I~5~. Thl: City &htdl. tltcrdClrc. comply !orth....llh with
EXHIBIT "e"
~..~~
(
,
"
all 'rema1n1nl\ term. 01 th. Settlem.nt Aar..m.nt.
DONE AND ORDERED at West Palm Beach. Palm Beach County. Florid.. chi.
J7
'.
~
day of
. 1981.
~"uB~n 31. ~tubnil:h
ClkCUIT JUDGE
Copiul furnished:
4
Kirk Frladland. Esq.. ~01 S. Flasl.r Drive,' Suite 50S. Weae Palm B.ach, Fl. 33401
F. Hartin Parry. Eaq., 515 N. Flasl.r Drive, Suita 701, W.ae Palm.B.ach, Fl. 3J4G
John B.ranak, Elq.. 501 S. Fla.ler Drive, Suit. ~03. Wa.t 'al. Baach. Fl. 33401
Terrall K. Arlln.. E.q.. 32,S Cl...U.a Streee, Suite B, W..t 'al. a.ach. Fl. 33401
.
Loui. L. Willi.... E.q.. P~O. Box 3887. W..t Pal. Baach. Fl. 33402
" ,
.
('J
/
'",,-
f
1
---:-' .
.
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1989
,
Appellee.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
NOT PINAL UNTIL TIME bXPlR.ES
TO PILE REHEARING MonON
I.ND, IF FILED, DISPOSED OP.
CITY OF BOYNTON BEACH,
a Florida municipality,
JOSEPH MOLINA and LAKE
BOYNTON ESTATES HOMEOWNERS
ASSOCIATION, INC.,
Appellants,
v.
CASE NOS. 88-3097
and 89-0503.
TRADEWINDS DEVELOFMENT
CORP., a Florida corp.,
r.
Decision filed June 7, 1989
Consolidated appeals of a non-
final order from the Circuit Court
for Palm Beach County; Edward
Rodgers, Judge.
Fred W. Mattlin, Gregg W. McClosky
and David M. Beckerman of Mattlin,
McClosky & North, Boca Raton, for
Appellant-City of Boynton Beach.
Terrell K. Arline of Terrell K.
Arline, P.A., Palm Beach Gardens,
for Appellants-Joseph Molina and
Lake Boynton Estates Homeowners
Association, Inc.
stephen N. Zack of Floyd Pearson
Richman Greer Weil Zack &
Brumbaugh, P.A., Miami, F. Martin
Perry, West Palm Beach, and John
Beranek of Klein, Beranek & Walsh,
P.A., West Palm Beach, for appellee.
"'"
('"1'~~
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~., \'.........
~t.,
::~::
.......,
I
PER CURIAM.
( AFFIRMED.
~i
\,
',,"
HERSEY, C,J., GLICKSTEIN and DELL, JJ" concur.
-2-
l"-\)OL~LI(,I\l Iptt\(f
z - , 0 J) Lt ~
-f
ORDINANCE NO, 89-18
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY PURSUANT TO AN ORDER OF THE CIRCUIT
COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
BY REZONING SEVERAL PARCELS OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA, FROM R-1-A (SINGLE-F1\MILY
RESIDENTIAL DISTRICT), R-3
(MULTIPLE-FAMILY DWELLING DISTRICT), AND
REC (RECREATION DISTRICT) TO PLANNED
UNIT D~ELOPMENT WITH A LAND USE
INTENSITY OF 5.0 (PUD LUI 5.0), SAID
P~RCELS BEING MORE P~RTICULARLY
DESCRIBED HEREIN; AMENDING THE REVISED
ZONING MAP ACCORDINGLY; PROVIDING THAT
ALL DEVELOPMENT OF SAID PROPERTY SHALL
PROCEED IN STRICT COMPLIANCE WITH THE
DEVELOPMENT PLANS AS SUBMITTED AND
APPROVED AND ALL APPLICABLE ORDINANCES
OF THE CITY OF BOYNTON BEACH, FLORIDA;
PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE; AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Cormnission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19
,
in which a revised zoning map was adopted for said City and;
...
WHEREAS, Kieran J. Kilday, as agent for the applicant,
Tradewinds Development Corp., d/b/ a TRAP.EWINDS GROUP, and
the owners of the subject parcels, has heretofore filed a
.....
Petition with the City of Boynton Beach, Florida pursuant to
section 9 of Appendix A-Zoning of the Code of Ordinances,
City of Boynton Beach, Florida for the purpose of rezoning
certain parcels of land consisting of approximately 86.6191
acres (t) located within the municipal limits of said City,
said property being more particularly described hereinafter,
from R-I-A (Single Family Residential District), R-3
(Multiple-Family Dwelling District) and REC (Recreation
District) to Planned Unit Development with a Land Use
Intensity of 5.0 (PUD LUI 5.0): and
WHEREAS, the City commission entered into a Stipulation
and Settlement Agreement which was approved by Judge
Rudnick's Order Approving Settlement Agreement on November
6, 1986, and subject to a further Order by Judge Rudnick on
January 27, 1987, and subject also to a Mandate and opinion
.-~
-)
by the appropriate departments of the City government in
accordanca.with tha Ordinances of the City of Boynton Beach,
and the site plans shall also be subject to revie'tJ with
respect to subdivision, platting, building permitting, and
any or. all applicable rules and regulations 01: a.ny
governmental
entity
having
jurisdiction
over
land
development and building permitting within the City of
Boynton Beach.
Section 4:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
(
Section 5:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 6:
This Ordinance shall become effective
(
immediately upon. passage.
FIRST READING this. ~ day of Jlt.H €- , 1989.
SECOND READING and FINAL PASSAGE this~7~day of
d ~V1 e- , 1989.
(
CITY OF .77' FLORIDA
//~~ {~
~aYor
.....
(
(
Commissioner
ATTEST: L
~ .,#~
C ty erk
(SEAL)
~'
r
EXHIBIT "A"
!'E.~q!U:rIO!!1 OVEnIlI.I. r.U.D.
1\ 1"111"1'11111 lit. :a:C"I'UIN Z9, "OWlfllllll' 4:i /11111"1'11, '1IINIa-: 4] ,:1\:;"'. rll'.H
IlI:M:1I \:1II1Nn' . ,.".UII I 11/\ IINO II "011'1'101'1 OJ' "'.IIK": 1I0rN"'OIl c;STI\1'l!S.
1'1./1"1' '" , 1If, lu:conOEll III rLII'r 0001( I],' rllGE ] 2 11110 "I.IIKE 00l'1I1'O"
'sl'/ln:r.. rl,IIT Z". liS RECORDED III 1'1111' 11001< 14. rllGE 11 IIND 'L,.KE
ItOnnOll 1;::'I'/I'rE5 r L/lT ]' . liS Rr.COIlIlEO I I' N.IIT nOOK IJ, rllGE 5),
111./. III l'IIE ruol.IC IIECORDS OF rllLH PE/lCII COUIIT\'. fl.ORIDII. "'10
III;lIlG "onr: rllllTICUL/lRLY DESCRIPEO liS FOLLOWS:
(
l:OmU;NC'"G /IT '1'111:: SOUTIIE/lSl' CORlmll 01' 51110 SEC1'ION Z!l. "OWNSllJr
~:; 5llU...II. III1NG.; 4J I:: II S1' I TIIEIICE N. OJ ]4' 16" W. /l1.OIIG "IIr: EIIST
I...n; Ill' SIIIIl SI.:CTION H. /I IJIS'I'MICr:: 01' 1000.64 n:I," "0 "IIC rOItl'I'
01' 1l1;1:t""IIII~ or 1'1115 OI:SClltr-norl, Tllr:IICC 5. R8 26' J)" H.. /I
llir.'I'IINCr: or 193. JO rEr:l' TO 1\ rOltlT or CIJIlVIITURE, TIIEIlCE WESTERLY
/l1.IIW: 'rm: /llle 01' II eUIIVI' "0 "111: RIGII'" III1VING /I IIII'IIUS 01' 1.000.00
1'1:';'1',. /I CEII'I'IlIlI. MICU: OF 10 42' 01", 111'1 "nc UIS1'IINCE OF 186.71
rr.r.-c' TO /I rOIlll' or' REVERSE cunVIITUIlE, TIIENCE CONTINUE WESTE'II.l'
/l1.lItH; '1'111' IIIlC 0" /I eUllvr: TO "IIE I.r:r'r, II/WING 1\ R/l011l5 0" 1.000.00
n:I:'I'. II Cr:II'1'UIII. /lNG'.E or 10 42' 04". Atl /lnc DI51'IINeE or 186.17
..1:1:... '1'11 /I 1'11111'1' or ,.AtIGEIICY: l'IIE"CI: S. 1111 2(,' 1)" H.. II 1l151'/lNC',
III' !i"".1II ....:1:." "0 II roltl1' Oil CIIIlVE I "IIENI:I; SOU'\'lIllllf.Y 1I1.01lG 'llIE
/l1:C 0... /I ClIIIVI': "0 TilE IUGIIT H!lOSE MOIllS m;^"s s. 10 41' 2)" H..
II/1V"'/!: II. 1l1l111IlS UI' 10)0.00 rCI:-t'. /I eEIl'rU/lI. 11"(0\.1; 0'.' 11 JII' 50-.
loll /I lie O'IS'I'IINCE or 563.64 FEEl' TO II PUIN1' or T/lNGF.HeYl TIIENCr. 5.
1111 ll.' I)" w., II III1UI/lL DIS1'/lNC.: 01' oo.UO ,":'>1'1 l'IU:NCE HOIl'J~lIt:IILY
III,lIIH: '1'111' IIIlC or /I CUIIVE TO Tllr: I.En lI/1VING II II/1UIU!i ot" 1150.00
...;1:.... II C 1""'11 II I. Mlla.E 01" II 2!J' ]4'. /IN IIIIC UISTIINCC or )51.0)
n:I:"', '1'lIImc,: S. 10 26' IJ" 101., II UIS1'IINCf: OF 48].81 n:r.,' TO /I
"0/1'1'1' ClI' IN'\'r:IlSr.CTIOII wnll "IIE EIISTERLY nIClll'-()r-"'^~LIHt.: or l'lIt;
I.llla: WlI liT II 01l1lJNIIGt.: DIS'rlUc'r C/lIIIII, r,-4. 115 OESCRIIIEU Itl oun
n./I"'l IWI.;II '1"0 I.IIKI: HOR1'1I ORIIIIlIIGE DIS'J'IlICl' MID Ill::COIIIlI.;n IN 0.11.
111 1m: 214 (" rllGI: 116 'ot". TilE PUOI.le RECOIIDS or rllUI III:llell COUNTY;
....1I:un: N. 20 54' 51- w., IILOtlG 51110 Ellf,'I' Ull:Il'I'-OI'-WIIY. II
III ::'1'/1111"1: 01' 075.)' rr.I:'l' TO Atl 1II'I"EIISECTIOII WI'I'II 'rllr. WEs'rCllI.Y
l'I:(\.II:CTJClIl 01" '1'111': SOU"II LINE or 'fIIIl,tl oEIICII Lc;ISUIIEVILI.E SECTION
] '. IICCOIllHNC. . 1'0 "IIE PLIIT TIIEIIEOI' /IS nECOIlOEO IN rLII,' DOOK 28.
1'lIla:s 24) /11'10 244 01.' TilE PIIOI.IC nr.eoRDS or rllLH flEIICII COUIITl'.
n,OIquII: . "IICIICE N. 65 !l2! 06" E.. "'.OIlC SIIID'SOU1'1I loUIE, ...
DISTIIIlCf. or. 240.)5 FEET TO'TIIE SOUTIIEIIST COllllER or 1.0T 4. OI.OCI<
2) or SIIII) -PIILM PEIIClI LEISUREVILLE SECTIOIl )",TIIEIlCE N. 88 25'
51" E., /I DIS1'lItlCE Of' GO. 00 rEET TO TilE EIIST RIGIIT-Or-WIIl' LIIIE or
s.~. IT!J:.:;,.nI:C'I', "IIEIlCE N, 01 lJ' 09" W. IILOllG SIIlO E/lST LINE or
S,W. 0..... fl'l'IICE'r. II OU"IINCE or I,G40,OO rEEl' "0 TilE NonTIIWEST
CO 11111: II 01' Lo'r 12. DLOCK 20 OF &1110 "I.I\KE DOytl,'ON ESTIITES pLIIT I.,
"III:tll:l: N. 1111 26' 1]" c., 1Il.0NO "111: 1'1011'1'11 1.11'11: 01-' 51110 ltl.OCII 20,
II IIJ ,,','/lNCI: Ot. Z50. DO FEET TO 1'IIC NOII"IIHCS1' COIINEI\ or I.OT 7 or
"11111 IlI.OCI\ ZII, ,'IIENCI': S, 01 33' 0'- E,. II OISl'IINCI! 01' 120.0 fCI:'l'
'1'11 '1'111': 1i0U'\'IIH\::S'I' COIllIJ:II or SIIIO LO'/' 7, 'I'IICNCE N. OU 26' 13- E,. II
.)) S'I'M1Ct: 0..' !iO. 0 FEET TO TilE sou'rllEIIST conNER OF SlIiD LOT 1 i
'nICNCI: S. UI . ]]' 0'" E., II DIS'l'IINCC OF 110.0 F1:..'I' "0 "lIt:
tlOlq'll~eS1" COliN 1::" "Of' LO'r '. BLOCK :.!I OF AFOIlESIIID -L,.I<E BOnlTON
EST/lTI::; PI.1I7 2-, TIIEIICE N. 88 26' 13- t., " OIST"NCE OF 50.00
I'n'r 1'0 Tim Nonl'IIE",ST conNER OF SIIIO LOT 6, TIIENCE S. 01 ])' 09"
I:,. ", IlIS'r^"CC 01' 120.00 FEET TO TilE SOUTIIEIIS1' conNEll OF SIIID LO'r
"1/ '1'IIt:HC,", 1'1.' UII 26' I]" E. IILOIlG TilE tlOIl'J'1I I.INC OF "IIE SOU'I'II Ollt-
IIM.I' I:: 1/:11 0" ULOCKS 2J /11/1) 22 or SIIID -L/lKH 1I0Yt"WN f:Sl'^,I'ES
rl,IIT 2". II DIS1'/IIICE OF 1.150.15 fEE1" TO TilE SOU1'IIwEST COllllEn or
1.(1'1' 6. ULOCI( 23 Ot" SAID -LIIKE OOYNTOlI ESTIITES. rLIIT 2., TllttlCE N.
01 )4' 16" W. ALONC TilE NEST LINE OF PLOCKS 2). 18A, 18 "NO 111\,
/I L'I s'r/lNCE or 110.00 FEET TO TilE NonTIIWEST CORIIEIl or I.OT ], DLoer.
1 u or l\I'OIlESIIIO "L/lKE POrNTOII !:ST/lTES. rLlll' I", TIIENCE EIISTERL\'
/I LONG 'flll: II~R.tll LINE OF SIIID LOT ] ALONG TilE IIIlC OF " CIRCULlln
CUIlVE TO .....l: LEFT III1VING A RADIUS or ]90.]6, II CIIOIIO WllIell llE"RS
N . 04 44' 58. E., A CENTRAL ANGLE OF 07 21' ]2', 111'1 ARC
01 s'rAtlCE 01' ~O. I 4 FEET "0 TilE tlOIlTIIEIIST CORNF.A TIIElltOf', THEIIC!: II.
01 J4' Ifi" W., II OISTIINCE OF 106.10 FFoET TO TilE SOU,'Il&IIST conNER
01' 1.0'1' J. O,.OCI\ 1111 or SAID 'LlllIt: 1I0YN1'OIl ES1'1I'I'CS, rL/ll' I-,
....II:"C1: s. OU 2(,' Il- w., II DIs'rIlNCE 01' 50.00 FEt" "0 TilE
sou'rllwr:;S'I' COIINEn or LOT ]1 TIIENCE N. 01 ]4' 16. W. IILONG TilE
WES1' LINE or SIIID LOT ], A OISTIINCE 01' 110.00 FEET TO TilE
tlOnTllwEST conNEll TIIER&Or, TIIEHCE IASTERI.Y "LONG TilE HO/lTII LINE or
I.m'f, I. 2 111/1) ] OF 81110 DI.ocIC 1111, ALONG Till!: IIIlC Of' /I CIRCUL/lR
c.:UII~": '1'0 '1'111: I."...... III1VIHC A MblUII 01" )52.92 rCJ;;'\' IIND WIlOSE
MDtuS POltl1' DEllnS H. 01 34' 16. 101., IlIlVING ^ CENTML ""CL! or
2S 09' OU-. "," ARC DUTI\llCE OF 154.9] FEE1' TO 1'IIE HonTIIEIIST
COIIN!;II OF SIIIO LOT I 1<110 TilE EIIIIT LIHE Of' SIIID SECTION 2', TIIElle!
8, 01 34' I'" E. ALOHG 51110 EAST LINE or IECTION 2', A OIIT"HCE
ew ], OU. 49 fCC" TO Tile POINT OF DEGIt/HIND
(
(
(
"--
"
A
10
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14
15
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17
18
19
20
21
22
23
24
25
26
28
,ru
~
ORDINANCE NO, 90-~O
1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO 80-19 OF SAID CITY
BY REZONING A CERTAIN PARCEL OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORI DA FROM PUD LUI 5, 0 (PLANNED UNIT
DEVELOPMENT) TO PCD (PLANNED COMMERCIAL
DEVELOPMENT) SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
2
3
4
5
6
7
8
9
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, has heretofore adopted Ordinance No, 80-19, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS,
agent
for TRADEWINDS
KILDAY
& ASSOCIATES,
DEVELOPMENT CORPORATION, property owner, has heretofore filed a
Peti tion with the City of Boynton Beach, Florida, pursuant to
Section 9 of Appendix A-Zoning, of the Code of Ordinances, City
of Boynton Beach, Florida, for the purpose of rezoning a certain
parcel of land consisting of approximately 5.1871 acres located
within the municipal limits of said City, said property being
more particularly described hereinafter, from PUD LUI 5.0
(Planned
Unit
PCD
(Planned
Commercial
Development)
to
Development); and
WHEREAS, Ordinance 89-38, which is the Comprehensive Plan
for the City of Boynton Beach, shows the property in the Local
Retail Commercial land use category, and section 163.3202 (1) ,
Florida Statutes, requires that the City'S land development
regulations be amended in order to bring these regulations into
27
compliance with the Comprehensive Plan; and
WHEREAS, the City commission has heretofore entered into a
29
Stipulation and Settlement Agreement in Palm Beach Circuit Court,
30
I
which requires in part rezoning of the property; and
31
WHEREAS, the city commission deems it in the best interests
of the inhabitants of said City to amend the aforesaid Revised
Zon1n9 Map .. hereinatter set forth.
32
33
34
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
/
Section 1:
The following described land, located in the
1
City of Boynton Beach, Florida, to-wit:
2
See Exhibit IIAII
3
be and the same is hereby rezoned PCD (Planned Commercial
4
Development).
5
Section 2:
That the aforesaid Revised Zoning Map of the
6
City shall be amended accordingly.
7
Section 3:
All ordinances or parts of ordinances in
8
conflict herewith are hereby repealed.
9
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
section 5:
This
Ordinance
become
effective
shall
immediately upon passage.
FIRST READING this ....5rd.. day of
~
~CLL.~
, 1990.
SECOND,
~
V u.LJI '
and PASSAGE this
/7rA.-day
of
FINAL READING
, 1990.
.../-- /'
CI~~~EACH.
fd~
FLORIDA
t,.
Mayor
--i("JI
Vice Mayor
I. O.h_'/'--':"
"..
\
~~G~~
Commiss1oner
-, .
/-
I' .
(__..(~~ _JA...A?"
I
.;-. ./ ' . 11/;"
l.tl /. . _'/ .,..t~':"" ~': , 0""..-.-(.--1 .....-:.,,.,,
commissioner
28
29 ATTEST:
30 ~~~A4
31
(CORPORATE SEAL)
32
33 P\B
ORDINAN3
34
,{
,..//,/
~
DESCRIPTION:
A parcel bf lan~ situate in s~ction 29, Township 45 South, Range 43 East, Palm Beach County,
Florida, more particularly described as follows:
COMMENCING at the Southeast corner of said Section 29; thence N. 010 34' 16" w. along the East
line of said Section 29, a distance of 1080.64 feet to the POINT OF BEGINNING; thence S. 8Bo 26'
13' W., a distance of 193.31 feet to a point of curvature; thence Westerly along the arc of a
circular curve to the right having a radius of 1,000.00 feet, a central angle of 100 42' 03", an
arc length of 186.77 feet to a point of reverse curvature; thcn6c continue Westerly along tIle arc
of a circular curve to the left having a radius of 1000.00 feet, a central angle of 100 42' 03",
an arc length of 186.77 feet to a point of tangency; thence S. 860 26' 13" W., a distance of
550.21 feet to a point on curve; thence Northwesterly along the arc of a circular curve to the
left whose radius point bears S. 710 00' 14" W. having a radius of 1851.74 feet, a central angle
of 00 12' 51", an arc distance of 6.92 feet to a ooint of reverse curvature; thence continue
Northwesterly along the arc of a circular curve to the right having a radius of 1438.26 feet, a
central angle of 50 57' 04", an arc distance of 149.39 feet; thence N. 370 35' 20" E., a distance
of 46.53 feet; thence N. 8Bo 26' 13" E., a distance of 1125.37 feet to a point of intersection
with the East line of said Section 29; thence S. 010 34' 16" E. along said East line, a distance
of 221.91 feet to the POINT OF BEGINNING.
Said lands situate in the City of Boynton Beach, Palm Beach County, Florida.
Containing 5.1871 Acres, more or less.
Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of-way of Record.
E~HISI-r A
tC..a:>. 90 -d?e>
.:,
MINUTES
CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 6, 1996
Motion
Commissioner Bradley moved to approve Proposed Resolution No. R96-118:
Commissioner Tillman seconded the motion, which carried 5-0.
5. Michael Morton presentation. Woolbright Place PUD, Master Plan
Modification
Mr. Morton said he conferred with another land planner after the last meeting and came
up with the following: The 25 foot landscape buffer which was desired by the residents of
Lake Boynton Estates and the Commission was maintained, and the 12 foot utility
easement was included in the 25 foot buffer. He said Pete Mazzella agreed that the utility
easement could be kept within the buffer. Only certain types of landscape materials can
be planted in the easement, such as Palm trees rather than Live Oak.
Mr. Morton said there are seven lots in one particular row of lots which are 42 feet wide,
but only 95 feet deep. Therefore, in this row, there is only 3,890 square feet as opposed
to 4,000 square feet. The rest of the lots are a minimum of 42 by 100.
The amenities were moved away from Lake Boynton Estates and put in the center of the
project. Kennedy Homes decided to pay the recreation fee in lieu of providing recreation.
However, they still put in a small pool (30 by 50) and a 1,500 square foot cabana area for
marketing purposes.
The minimum number of parking spaces has been provided. Mr. Morton said the
ordinance might call for one or two more spaces; however, he has not been able to
squeeze them in.
With regard to the landscape buffer, Florida Power & Light has a 5 foot easement that runs
on the north side of the property, 2 1/2 feet into Lake Boynton Estates and 2 1/2 feet into
the property in question. There are certain landscape requirements on how you can build
in an FP&L overhead power area. There are certain types of trees that cannot be planted
anywhere within 30 to 60 feet of FP&L power lines.
This plan includes a 40 foot street right-ot-way with sidewalks on both sides ot the street.
There is a note on the plan that indicates no landscaping in the utility area, but this needs
to be changed based on conversations with Pete Mazzella.
16
t
~4I. CONSENT AGENDA
C.9
cc: Util. Dev. Plan
MEMORANDUM
August 2, 1996
TO:
FROM:
RE:
Honorable Mayor and City Commission
James A. Cherof, City Attorney
Proposed Resolution - Shoppes of Woolbright Place
Right-ot-Way Abandonment
A9? -//;C
Pursuant to a Settlement Agreement entered into between the City ot Boynton
Beach and Howard Scharlin, Trustee tor Woolbright Place, etc., in May, 1995, this parcel
was to be abandoned. Attached at this time is a Right of Way Abandonment document
which will accomplish this.
JAC/ral
Ene.
, -
-:::
RESOLUTION NO. R96- J 1)-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ABANDONMENT OF A 30' RIGHT-OF-
WAY ON PURPLE HEART WAY PURSUANT TO
SETTLEMENT AGREEMENT ENTERED INTO BETWEEN
THE CITY OF BOYNTON BEACH AND HOWARD
SCHARLlN, TRUSTEE FOR WOOLBRIGHT PLACE,
JOINT VENTURE BY RESOLUTION R95-65; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution No. R95-65, the City of Boynton Beach entered into
a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, (SCHARLlN) which Agreement provided for the abandonment of the
southernmost 30' of the industrial road right-of-way by the City to SCHARLlN;
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Right-of-Way Abandonment for the southerly 30' of the right-of-way, located
on Purple Heart Way. more particularly described in Exhibit "A", attached hereto and
made a part hereof.
Section 2. This Resolution shall become effective immediately upon passage,
PASSED AND ADOPTED this day of August, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
AutIl"II._
IllandO/MlltllAOW
Sch.r1ift~'1I8
..
Tbi. in.truaent v.. p&'epareci by.
Bovard R. Scbarlin, Z.q.
Scba&'lin, Lana.tta, Coben, Cobb , Ebin
1399 S.W. Fir.t Avenu., '400
Miami, n. 33130
R9t -/I~
RIGHT-OF-WAY ABANDONMENT
THIS INSTRUMENT, vacating a portion of right-of-way given by
the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"CITY"), on this
day of
, 1996 at Boynton Beach,
Florida saying thereupon:
WHEREAS, the developers of Woolbright Place Plat NO.1,
according to the Plat thereof, recorded in Plat Book 67, Page 47
through 49 of the Public Records of Palm Beach County, Florida
includes dedication of a road way identified on said Plat as Tract
"A" with the Street name of Morton's Way (the "Subject Road Right-
Of-Way); and
WHEREAS~ by resolution duly enacted by the CITY at a properly
-
constituted meeting ot the City Council, Resolution No. 95-65, the
CITY resolved to vacate the Southerly 30' of the Subject Road
Right-of-Way which is more specifically described as follows:
A portion ot Tract nAn (also known as Horton's Way),
WOOLBRIGHT PLACE PLAT 1, according to the 'Plat thereof as
recorded in Plat book 67, Pages 47 through 49, of the
Public Record. of Palm Beach County, Florida, more
partioalarly described as follows:
COMMENCINC at the Southeast corner ot Tract "E", SHOPPES
OF WOOLBRIGHT P.C.D., according to the Plat thereof
recorded in Plat Book 65, Pages 137 and .138, Public
Records of Pal. Beach County, Florida; thence
N01.34'16nW, 571.91 teet to the Northeast corner ot said
Tract liE", and the POINT OF BEGINNING, thence
SSS.26'13"W,along the North boundary of said Tract "En,
1125.37 feet to a point on the East boundary ot Tract
"AI', (also known as: S.W. Sth Street), SHOPPES OF
WOOLBRIGHT P. C. D.; thence S37. 35' 20"W, along said East
boundary, 46.53 feet to a point on the arc of a non-
tangent curve, concave to the Northeast, (radial line ~o
said point bears S76. ~4' 26"W) ; thence Northwesterly along
the arc of saia curve, having a radius of 1438.26 feet,
a central angle of 01.13'04" arJan arc distance of 30.57
feet; thence N37.35'20nE, 46.53 feet to a point on a line
30.00 feet North of and parallel with the North boundary
of said Tract "E"; t~e ~ NSS.26'13"E, along said
parallel line, 1131.24t~e1t to a point on the East
boundary of said Tract tA!!? thence SOl.34116"E, along
said East boundary, 30.00 ~eet to the POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton
Beach, Palm Beach County, Florida.
NOW, THEREFORE, after due consideration by the City Council
with a quorum present, and in implementation of the said resolution
to vacate a portion of the Subject Road Right-of-Way, the CITY
acting by its duly constituted officers does hereby vacate the
Southerly 30' of the Subject Road Right-of-Way. In vacating the
southerly 30' of the Subject Road Right-Of-Way, that vacated
portion of the right-Of-way, without further action by any party,
becomeSLthe Northerly 30' of Tract E of the Shoppes of Hoolbright
P.C.D., according to the Plat thereof, as recorded in Plat Book 65,
Pages 137 and 138, of the Public Records of Palm Beach County,
Florida.
IN WITNESS WHEREOF, this instrument is executed by the Mayor
of the City of Boynton Beach and the Mayor'S signature is attested
by the City Clerk and the corporate seal of the CITY is affixed.
THE CITY OF BOYNTON BEACH
By:
ATTEST:
CITY CLERK
(CITY SEAL)
STATE OF FLORIDA
COUNTY or PAUl BEACH
The foregoing instrument was acknowledged before me this
day of , 1996, by
as of The ci ty of Boynton Beach and
as the City Clerk, who are
personally known to me or who have produced
as identification.
My commission.Expires:
Notary Public, State of Florida
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Commi..1on Number.
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December 5,1995
~-~
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TO:
Suzanne Kruse, City Clerk
FROM:
Rose Marie Lamanna, Legal Assistant
RE: Tradewinds Settlement Documents
Pursuant to our discussion, attached are copies of the following documents, which
should be attached to Resolution No. A95-65:
1. Agreement between the City of Boynton beach and Howard Schanin, Trustee
for Woolbright Place, Joint Venture, dated November 7, 1995;
2.
Beach;
General Release of Woolbright Place Joint Venture to the City of Boynton
3.
General Release of Howard Scharlin to the City of Boynton Beach.
The check referenced in Item No. 16 has been deposited by our Finance
Department and I am forwarding the original documents to Palm Beach County for
recording.
sl
Encs. as stated
Hand Delivered
C)
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RESOLUTION NO. R95~
:!
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BE'IWEEN THE CITY OF BOYNTON BEACH AND
HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE, JOINT VENTURE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tradewinds Development Corporation and the City
of Boynton Beach have heretofore been engaged in lengthy
litigation over the development of property located in Boynton
Beach, Florida, which litigation is subject to stipulations
and judgments entered in Palm Beach County Circuit Court, Case
Nos. CL 86-3661 and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place,
, Joint Venture, is the successor in interest to the rights of
Ii Tradewind.s and is the sole owner of the property which was the
'I
subject of the above referenced litigation; and
WHEREAS, the parties desire to enter into an Agreement,
which shall supersede all previous agreements, stipulations
and judgments concerning the rights of the parties as it
I relates to the development of the subject property;
NOW, THEREPORE, BB IT RESOLVED BY THE CITY COMMISSION OP
,I THE CITY OP BOYNTON BEACH, PLORIDA, THAT!
i Section 1. The Mayor and City Clerk are hereby
I authorized and directed to execute an Agreement between the
,: City of Boynton Beach and Howard Scharlin, Trustee for
.: Woolbright Place, Joint Venture, which Agreement is attached
:i hereto as Exhibit MAli.
"
,
:1 Section 2. That this Resolution shall become
Ii effective immediately upon passage.
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PASSED AND ADOPTED this /~
day of ~~V , 1995.
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II ATTEST:
"
~i~~9~ ~~-aL.
I Ci y Clerk
I
(Corporate Seal)
Auth.,g.doc
Tr.d.wlnd..Fin.1Agr
4/12/95
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT
PLACE
JOINT
i' ,
/. :", --;;r-(
,
VENTURE
("SCHARLIN") ,
this
/}
day
of
/' / ../,
/v ' "
, 1995.
-'
WITNESSETH
WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the
Woolbright Place Joint Venture ("WOOlbright") and the CITY have
heretofore been engaged in lengthy litigation over the development
of property located in Boynton Beach, Florida, which litigation is
subject to stipulations and jUdgments entered in Palm Beach County
Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AEi and
WHEREAS, Howard SCharlin, Trustee for Woolbright Place, Joint
Venture, is the true party in interest to the rights of TRADEWINDS
and is the sole owner of the property which was the subject of the
above referenced litigationi and
WHEREAS, Scharlin desires to enter into an Agreement with the
. .
CITY which shall confirm the good standing of the parties under the
stipulations and jUdgements entered in the above referenced
litigation, and;
WHEREAS, the parties have engaged in negotiations which are
intended to resolve all current and future development issues with
respect to the real property identified in the above referenced
litigation, including issues involving the interpretation of ,the
previous stipulations entered into between the parties the
Court Orders implementing samei and
\U~~~
Final 5/16/95
WHEREAS, the parties have agreed upon the terms that will
bring the litigation between them to a final conclusion in a manner
which is equally beneficial to all interested parties, and to the
citizens of the CITY; and
WHEREAS, SCHARLIN has represented to the CITY that Scharlin
is the only party who holds legal title to the property which is
the subject of this litigation and represents all those with
equitable interests therein, or who has standing to enforce the
stipulations and Orders entered into in the above referenced
litigation.
NOW, THEREFORE, in consideration of the mutual covenants
expressed and exchanged herein the parties agree as follows:
1. The foregoing whereas clauses are true and correct.
2. All references to SCHARLIN herein shall mean Howard
SCharlin, Trustee as authorized representative of owners of 100% of
beneficial interest in Woolbright, his successors or assigns.
3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the
industrial access road centered within a 50' public right-of-way
along the northern boundary of the pcn within twenty-one (21)
months of the date of this agreement including, but not limited to,
curbs and drainage. In return, the CITY agrees to abandon or
convey to SCHARLIN the southernmost 30' of the industrial road
right-of-way. The road shall be built in accordance with applicable
design standards and with the typical cross section depicted on
attached Exhibit' "A". The design shall incorporate ~ west bound
left turn lane on the industrial access road onto S.W. 8th street,
a sidewalk along the north side of the road from S.W. 8th Street to
Final 5/16/95
the eastern terminus of the road, with curbs and gutters along both
sides, and a continuous ficus hedge along the property line which
separates the PCD from the Vinings Developmenti. "SCHARLIN shall
provide surety for the roadway improvements in the man~er
prescribed by the CITY's Land Development Cod~. The CITY agrees
that SCHARLIN may have no more than three (3) points of ingress and
egress to the PCD from the industrial access road, provided the
access points are located following the customary approval process
for the location of drive~ays.
--------
4.
LANDSCAPE BERM.
In addition to other berms or walls
which are required to be constructed in the PCD or PUD, SCHARLIN
shall construct irrigated landscape berm along the west boundary of
the PCD and PUD, less the church parcel, within three months of
the execution of this Agreement. The berm height shall be measured
from the elevation on the Leisureville side of the berm and may
consist of five (5) feet of earthen berm and a ficus hedge. The
berm shall be landscaped along its high point with a continuous
ficus hedge planted and maintained in accordance with the memo
dated May 11, 1995, a copy of which is attached hereto as Exhibit
"C".
5.
VESTING:
The CITY agrees that any and all CITY and
County impact fees which are required to be paid for the PUD and
PCD shall be calculated at the fee rate in effect in November, 1986
and the CITY shall collect such 1986 impact fee from the applicant
as development orders are issued and as a condition precedent to
the issuance of any building permits. SCHARLIN shall pay all other
building and permitting fees in effect at the time of applic~ion.
Final 5/16/95
To the extent that a category of impact fee did not exist in 1986
and was thereafter implemented by the CITY and/or County SCHARLIN
shall not be required to pay such fees. The CITY is not a party
to any agreement between SCHARLIN and Palm Beach County regarding
County impact fees. The CITY shall remit to the County any impact
fees paid by SCHARLIN to the CITY for County impact fees but the
CITY shall have no additional liability to SCHARLIN or the County
if the County demands additional fees, and SCHARLIN shall hold CITY
harmless from any such liability.
6.
USES IN THE PCD:
The parties agree that all uses
permitted under current PCD or C-J zoning regulations are
permissible in the boundaries of the current PCD, subject to
conditional use approY~I,by the City Commission when so designated
in the City Code". By way of exampl e: fast food restaurants are a L: ~
per~itted use, restaurants with drive thru are a conditional use~ G
requiring Commission approval,
7. FORCED AIR BURNING: The CITY agrees to permit one (1)
controlled air/forced air burning on the ,site, from the date of
this agreement, subject to Fire Department approval and proper
atmospheric conditions.
8. GARDEN CENTER/ACCESSORY USE: The CITY acknowleqges that
the Home Depot Outdoor Garden Center is an accessory use and that
said Garden Center shall not be included as part of the retail
gross leasable area.
9 . REVIEW PROCEDURE: The CITY and SCHARLIN agree that the
development review procedure attached hereto as Exhibit "Bu shall
be implemented and applied to all applications by SCHARLIN for
Final 5/16/95
further construction permitting on the property. The CITY further
agrees that upon receipt of applications as required by applicable
ordinances, it shall process maste~ plan modifications and site
plans in accordance with the schedule attached as Exhibit "B".
10. SCHARLIN shall be required to bond all required
subdivision improvements including on and off-site improvements
required by CITX Code.
11. MASTER PLAN MODIFICATION: Nothing herein shall. prevent
SCHARLIN from seeking modification of the current master plan.
Notwithstanding any previous requirement, additional commercial
buildings need not be attached to the Home Depot Garden Center.
Master Plan modifications shall be conducted in accordance with the
procedures in place at time of application for same.
12 . PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall
have the right to phase development of the PCD and/or the PUD as
well as sever portions of the property from the PUD or PCD,
provided, however, that the phasing of any improvements whi~h are
required by the SUbdivision and platting regulations shall be in
accordance with the revised master plans submitted by SCHARLIN and
apprOved by the CITY, and phasing of said improvements is
reasonably related to the land Uses that are proposed in the
particUlar phase.
13. ADDITIONAL CURB CUTS: Notwithstanding any prior
agreement, SCHARLIN may request additional curb cuts along S.W. 8th
Street. Approval shall be subject to customary review and hearing
for traffic flow and safety considerations.
14. RELEASE AND SETTLEMENT: Upon execution of this
Final 5/16/95
Agreement by both parties and approval by Court order all prior
stipulations, agreements, letters of understanding, negotiations
shall be deemed in good standing and satisfied and the future
rights of the parties shall be governed by this Agreement and the
applicable provisions of the CITY Code of ordinances, as that Code
is amended from time to time. SCHARLIN shall provide to the CITY (
a General Release from SCHARLIN, ~Lf-~~ po-I' ~j.v'"'/I
iA-1 I r WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON
releasing the CITY from all claims or actions accrued or
outstanding which either has or may assert against the CITY, except
those claims or actions which may accrue in the future based upon
either party's failure to comply with any provision' of this
Agreement.
15. COMMISSION/COURT APPROVAL: This Agreement shall have no
force and effect until approved by a majority of the CITY
Commission and the entry of an Order approving a stipulation for
Settlement and Dismissal referencing the terms of this Agreement.
16. ATTORNEY FEES:
SCHARLIN shall pay to the CITY Five
Thousand ($5,000.00) DOllars, representing attorney fees and costs
incurred by the CITY in this action.
17. CODE COMPLIANCE: The parties agree that unless herein
stipulated, all current and future activities will be governed ,by
City Codes and Regulations in force and effect upon the date of
application for an activity.
18. REQUIRED IMPROVEMENTS:
SCHARLIN agrees to complete
construction of all required improvements including, but not
limited to, the industrial access road referenced in paragraph 3
Final 5/16/95
above, and previously required landscaping.
SCHARLIN further
agrees to provide 110% surety for all required improvements and to
complete the required improvement within twenty-one (21) months of
t~e date of the CITY Commission accep,tanqe o~this ~greement.
19. RIGHT-OF-WAY LICENSING AGREEloIENT: The parties agree that
the Grant of License by the CITY to SCHARLIN as recorded with Palm
Beach County on December 11, 1990 (90-352210, Official Record Book
6667, Page 103) remains in full force and effect. The parties agree
to correct an error in the legal description contained therein.
20. ENFORCEABILITY: Nothing herein shall constitute a waiver
on the part of either party to seek judicial enforcement of the
terms of this Agreement. This Agreement shall be binding on all
SUccessors or assigns of SCHARLIN.
THE CITY OF BOYNTON BEACH
by:
ATTEST:
(CITY Seal)
JAC/lms
900304
AGREE. 1
H' rd Scharlin, Trustee
of Woolbright Place Joint
v~ntu . .
. ~cl,!L~~1 A,{-,,-~~
./1t -<-;~('4tL~( Ic/~~
-,;)1-9/-
Final 5/16/95
EXHIBIT B
The following procedure shall be implemented and followed by
both SCHARLIN and the CITY in the filing and processing of all
requests for development approval:
Step 1. SCHARLIN contacts the Planning Director to Schedule
a pre-application meeting.
step 2., Written documentation outlining request should be
submitted to the Planning Director no less than five (5) business
days prior to pre-application meeting. This will permit the
Planning Director to make appropriate inquiries of other staff
members.
Step 3. Pre";'application meeting with staff. Staff will
provide comments at this meeting.
step 4. Formal submission of application by Tradewinds.
Step 5. Staff will review application within ten (10)
business days.
Step 6. Planning Director will provide written response on
or before tenth (lOth) business day following submission.
step 7. Application will be placed on the P&D .agenda for
next P&D meeting, if P&D meeting will occur within two (2) weeks.
If P&D meeting is not within two (2) weeks, a special P&D meeting
will be called. Developer may, at its discretion, request delay of
the Planning and Development Board meeting but such request must be
in writing.
Step 8. Following P&D action, application placed on next
City Commission agenda.
Final 5/16/95
In the event that public notice is required by City ordinance
or state law for public hearing, then in that event, the scheduling
of meetings under Step 7 and Step 8 shall be extended to meet the
notice requirements of law.
Final 5/16/95
.
K~\J\~ ~ _\.'T-\.~rJ
PALM BEACH PHONE (407)732-747~
lliiSU-'Vilf.E COMMUNITY ASSOCIATION. INC.
1007 OCEAN DAlY! J eOYNTON BEACH, FLORIDA ~2'
mNM'2~@
MEMO
ENGINEERING_
To:
From:
Subject:
Date:
CARRIE PARKER. CITY MANAGER
PETER 1. KELLY, PRESIDENT, PALM BEACH LEIStJREVILLE
MEETING REGARDING BERM ETC. 8TH A VB
May lJ, 1995
;
Today, r met with Mr. Houlihan. Mr. HaU and Mike Morton, ThIs meedna wu called
toaether by Mr. Ken HaD.
Mer discussion, the fe1Jowlaa WIS Isreed upon pendin,IPPlOVI/jltlhe City Maallp'.
1. Berm to be minimum ors teet hip with. 3 pl. Hedse planted on top. This berm
it to be tapered and hedse planted to point oflntersoctIon of'old & new road.
2. Hedge to be Contiriued trom that point to the utiUty box on weat side orlth Ave. and
will be a 5gal hedBe.
3. Imgation win be connected Into PB LciJureviJle imptlon system.
4.Mr. MOl1on will do Ihe benn Plaarina IIlC! hedJins end all COlUIeclions to iniplion syslem.
,. He will be re.spoll.tlole tor lIIIinrIinins the entire benn end be re.spolISjblo /'or the itription.
! ,
6. PB LeisureWlo wiD mainllin lbe hedse ll'om rho poinl otfru...-tlon 10 rhe ald otlhe hedge.
We wiIl also irrigate the atea.
An the above conditioJ1l are IFeed upon only ifthe)' agree with the conditions set forth
by M5: Carrie Parker, CIty Manapr.
Thank you.
~""-~~
Peter 1. Kelly, President~
Board ofOIrectcrs
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nus INSTIlIKNT PIIPARID IY
I. RETURN TO:
.wES A, CHEROf, IICIJJU
JOSIAS , GOREN, P.A,
3099 E..t COIIIH'Cial Bclulevard
Suite 200
For~ laudendlle, 'L 33308
OJmML ULBASB
KNOW ALL MEN BY.' THESE P1a;S::NTS: That WOOLBRIGHT PLACE JOINT
VEN'I"'IJ"RE, first party, for ~nd in consideration of the SUD. of Ten
and NO/100 ($10.00) OOLLARs, or other valUable considerations,
received from or on behalf of THE CITY OF BOYNTON BEACH, second
party, receipt whereof is herel;)y acknowledqed.
(Wherever used herein the terms "first party'. and "second
party"
ahall
include singular and plural,
heirs,
legal
representatives, and assigns of individuals, and the successors and
assigns of corporations, whAre~..er the context so admits or
requires).
HEREBY remise, rel.as~ t acquit, satisfy, ~ore~e~l..o c:tls~arq.. ....1
/!Q i"-' 'WAI. Q,o~of ',... 4 ~r" ~1I,p. ,. ^ 'ftr.a,. -e?n<"""'" Hf/"'.h.,.J IfJ~T~e,
~~,"l'... C!:~ II/., \,.,,,..,... ~ 1I-1-f.&: 41
the said second party I of and ::-0Il al~, an all manner of action JiiII"
and actions, cause an~ causes or action, suits, debts, dues, sums
of money, accounts, reCkonings, bonds, bills, specialties,
covenants,
'.
contracts,
controversies,
agreements,
promises,
variances, trespassec, damagos, jUdgments, executions, claims and
demands wh~tsoev.r, in lat.r ar in equi ty, which said first party
ever had, now has, or which. any persona~ representativea,
successor, heir or asaiqn of said first party, hereafter can, shall
or may have, against said second party, for, upon or by reason o~
---..-- - - <-.
any matter, cause or thin~ what3oever. %ram the beginning of the
world to the day of these p~ese<<ts.
IN WITNESS WHEREOF, I have ~1ereun'to set lilY hand and seal this
~ day of ~.,mJ,J.f , 1995.
Signed, sealed and de1ivered
in the presence of:
(~14' -flawed / '
y~. t? 0
Ae n I a. ..sa n ~ It t'2:.
Printed Name, l:JLJ~ ~
~v~~~_=
Printe Name . , ,
/
BY:,.'
~
LACE JOINT VENTORE
/L-,
Witness my hand and official seal in the County and State last
aforesaid this DVI- ',' day -of'_Lf)n~~~ , 19.zc.
~ f::::,~_u L Jiv4'td /
NOTARY PUBLXC Y
Printad Name
My Commission Expires:
.lAC/llIIS
900304
~L8RT.REL
, . .
,'-.. ....
IaiNIA SANCHEZ
NOI'AaY PUlUCSI'A1E a: FWRIDA
CXlMMIIiION NO. CC3lI1140
MYCOMMISISION EXP. LV 4.19M
THIS INSTIUMEIT PREPARED .,
& RETUM TO:
.wES A. CllBOI', UCIIIU
JOSIAS & GOUII, P,A.
!099 Ease c:am.rc:i.l Boulewrd
Suh. 200
fort Laudlrclale. ilL 3330a
GBHERAL ULBASB
DOW ALL HEN BY THESE lIRESEm'S: That HOWARD SCHARLIN, ~irst
party, for ana in consideration of the sum of Ten and NO/lOa
($10.00) DOLLARS, or other valuable considerations, received fram
or on behalf ot THE CITY OF BOYNTON BEACH, secona party, receipt
whereof is hereby acJcnowledqed.
(Wherever usea herein the terms "first party" ana '.second
party"
shall
include singular and plural,
heirs,
legal
representati v.., and assigns of individuals, and the SUccessors ana
assigns of corporatd.ons, wherever the contaxt so admits or
requires).
HEREBY remise, r.61eas~1 ac~it, sati.sfy, and foraver discharge I 1
11t.).~~ eoC!aCft-l- 1- ~ p'.".d!~ ~,.;" ~eofoJiu.-+ -Af/C~ b~~(to\
the said second party ~~~dt~~~at"ti~.'il~~~i"-Of action'
and acti.ons, cause and causes of action, sui 1:&, debts, dues, sums
at money, accounts, reckonings, bonds, bills, special ties,
covenants,
contracts,
controversies,
aCJreemants,
promises,
variances, trespassea, damaqes, judgments, executions, claims and
demanc:ls whatsoever, .Ln law or in equity, which said first party
ever had, now has, or. which any personal representatives,
successor, heir O~ asaign 0:; 3aic; .r1rst party, hereafter can, shall
or may have, against said second party, for, upon or by reason or
- - - - ----.- -. ----., ..... ...
any matter, cause or! thing what~ver, rrOlll the beg-inning- ot the
world i;o the day of these pxesents.
IN WITNESS WHEREOF, I have hereunto set my hand and. seal 'this
g.ti- day of AJQ1I/JIU-~ , ~ J.99S.
siqned, .ealed and de1iveree
in the presence of:
, rfh'~~ 4~/
!<P///a. .fQn~.4~2':
Printed Name ~
~W~
E\J ..~et 'M. e. V!d....~....
printe Name :
/7/ /(:~ /
I HOWARD s~
BY:
STATE OF !'UlRICA )
)
COUNTY OF .J '
I HEREBY CERTIFY that on this day, betore me, an officer duly
authorized to administer oaths and take acknawledqements,
personally appeared BOWARD SCHARLDl as of
, known 1:0 .e to be the person
described in and "ho executed the toregoing- instrument, who
aCknowledge before me that he executed the same, is personally
known to me anc:l an oath was not taken.
Wi tness my band and official seal in the County and State last
aforesaid this g~ 'day of IlJN~wt,."oIl" , 19.f,L.
Hofdf~~"C!~~/
Printed Name
My Commission Expires:
JAC/l..
900304
SCHAaI.lN.REL
ICDnA SANCHEZ
NDl'MY PUlLlCsrATE OF FLORIDA,
CXJMMI5SION NO. CC311140 '
MYCOMMI5ISION EXP. ULY 4.1991 .
03/+3,'3;; :::: 12: 18 FoU 1 .&07 241 0846
MORTON GROUP
1410
/f96 -/.
"'
..
AnnEf<mTTV Tn g~TTT.EM1=!f\MI AGRE~
THIS ADDENDUM is entered into this 6th day of February, 1996,
between the CITY OF BOYNTON BEACH (.CITY.) and HOWARD SCHARLIN,
TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE (.SCHARLIN.).
WHEREAs, the CITY and SCHARLIN have heretofore entered into a
Settlement Agreement which bears the dated of NOvember 7, 1995, and
which was ~igned by the CITY on Hay 17, 1995 and by SCHARLIN on
June 21, 1995; and
WHEREAs, an additional issue of signage for the Cracker Barrel
store and restaurant has arisen which is susceptible to resolution
within the context of the Settlement Agreement; and
WHEREAS, the parties are amenable to amendment of the
Settlement Agreement by Add~"'1aum, leaving all other terms and
conditions thereof fUlly and completely intact.
NOW THEREFORE, in consideration of the mutual ':ovenants
expressed herein, the parties agree as follows:
1. The foregoing .whereas. clauses are true and correct.
2. The Settlement Agreement is hereby amended as follows:
A. A new Section 21 is added as follows:
SCHARLIN shall be permitted to locate
one pylon sign on property, to be
conve,ved to Clacker Barrel, adjacent to
the Interstatfl 95 for the purposes of
signage for th~ Cracker Barrel .to~. ana
restaurant be~nq constructed in the
Woolbright Place peDe The Sign shall be
of a 8i%e and configuration as depicted
on Exhibit -A. and shall be solely
limited to id~,tif.ving the Cracker Barrel
store and restaurant. There shall be no
directional language in the content
of the sign except · Exit f _,
03/18/96
:.rON U: l~
.... . ..
, .....
1 4(l7 241 O:i46
MOa..1Uh GkllLJP
If&IIJ
to
West-. In all other respects, the
sign shall be constructed in
accordance with the applicable
Building Code. Approval of this sign
is conditioned on the construction
and operation of the Cracker Barrel
store and restaurant in the
Woolbright Place PCD/PUC. In the
event the Cracker Barrel
subsequently ceases operations, the
sign and sign structure shall be
removed with a period of 90 days
fOllowing the discontinuance of that
business.
B, Paragraph 15 of the Settlement Agreement shall be
amended as follows:
COMMISSION APPROVAL: This Agreement
shall have no force and effect until
approved by a majority of the City
Commission.
TH~ CITY OF BOYNTON BEACH
By:
A'r1'BST:
(City S..l)
Trustee of
Joint Venture
JAC/lmh
900304
ADDENDUM. 1
RESOLUTION NO, I'IP6 -/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AN ADDENDUM TO THE SETTLEMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT
PLACE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach entered into a Settlement
Agreement with Howard Scharlin, Trustee for Woolbright Place, a
Joint Venture; and
WHEREAS, an additional issue regarding signage for the Cracker
Barrel store and restaurant is outstanding and subject to
resolution within the context of the comprehensive settlement
reflected in the Settlement Agreement; and
WHEREAS, the City Administration and representatives of Howare:
Scharlin, Trustee, and the Cracker Barrel have met and reached a
tentative resolution of the sign issue which requires Commission
~pproval.
I
i
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The Mayor and City Clerk are hereby authorized
to execute on behalf of the City, an Addendum to the Settlement
Aqreement heretofox-e entered into betwe..n Howard Soharl!n, Trustee,
and the City of Boynton Beach. A copy of the Addendum is attached
hereto as Exhibit "A".
JAC/lmh
2/2/96
900182.88
TRADEI./HD.ADD
Page 1 of 2
,Q:;/~~..':;= :::: 12.18 FAX 1 ~j7 241 0848
MORTON GROUP
1':),1'11
/?9~ -~
..
Ann~UM Tn S~'M't..~ AGR~~
THIS ADDENDUM is entered into this 6th day of February, 1996,
between the CITY OF BOYNTON BEACH (. CITY-) and HOWARD SCHARLIN,
TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE (. SCHARLIN- ) ,
WHEREAS, the CITY and SCHARLIN have heretofore entered into a
Settlement Agreement which bears the dated of November 7, 1995, and
which was signed by the CITY on May 17, 1995 and by SCHARLIN on
June 21, 1995; and
WHEREAS, an additional issue of signage for the Cracker Barrel
store and restaurant has arisen which is susceptible to resolution
within the context of the Settlement Agreement; and
WHEREAS, the parties are amenable to amendment of the
Settlement Agreement by Aaae."'1dum, leaving all other terms and
conditions thereof fully and completely intact.
NOW THEREFORE, in consideration of the mutual /:ovenants
expressed herein, the parties &gree as follows:
1. The foregoing -whereas- clauses are true and correct.
2, The Settl8ment Agreement is hereb,y amended as follows:
A. A new Section 21 is added as follows:
SCHARLIN shall be permitted to locate
one pylon sign on property, to be
conveyed to Clacker Barrel, adjacent to
the Interstat~ 95 for the purposes of
signaoe for th~ Cracker Barrel store and
restaurant bei.ng constructed in the
Woolbright Place ~D. The Sign shall be
of a size and configuration as depicted
on Exhibit -A- and shall be solely
limited to idef\,tifying the Cracker Barrel
store and restaurant. There shall be no
directional language in the content
of the sign except - Exit t _,
, I.IJ/.ll>>/ltO .aui.~..~...._ 4 .."jI .,... .......0
aVJ:\J.lJ,. ....~Vl...r
If6j U I
..
I'
West-. In all other respects, the
sign shall be constructed in
accordance with the applicable
Building Code. Approval of this sign
is conditioned on the construction
and operation of the Cracker Barrel
store and restaurant in the
Woolbright Place PCD/PUD. In the
event the Cracker Barrel
subsequently ceases operations, the
sign and sign structure shall be
removed with a periOd of 90 days
following the discontinuance of that
business,
B. Paragraph lS of the Settlement Agreement shall be
amenaed as follows:
COMMISSION APPROv.AL: This Agreement
shall have no force and effect until
approved by a majority of the City
Commission.
TH$ CITY OF BOYNTON BEACH
By:
A'I'1'EST:
(City Seal)
~.
, H CHARLIN, Trust.. of
Woolbright Place Joint Venture
JAC/lmh
900304
ADCENt)'OM. 1
(
I'
Jerry Handshuh
From
mIKE.
-
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~~o .Sq. r:-T: QA8ltJ'E.1
R.. A-DV, IS So A~ r;; BMfNTb,.j
re~A a H 1<'~~tJSE-
-rtf' $ IS 'i/4H, ht'd~'T!1 '70
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POLE WANUF' ACTUR!NG NOTES
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POlE: INSTALLATION NOTES
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ELROD & COMPANY
ClIII'IIIAll .. ....... _T oil _
1.11. .. ,..,. ........y. _ lit .m.
163.0278
'AGIlY ...-.
S1IU" 1-95 and SOUTHWEST Elh STREET
an. SlAtE: BO~TON BEACH. FLORIDA
PF -~ INFORMATION
ET All 10 ID. n.
l'ClIDumJf:
(. ltr) IIlNII All . (I) fIlIII:S 11111 UIIPS
ADa IIlIJIIlWlI CATM.IIG IIlI. ~
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-
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SUPPORTING STRUCTURE
240 SOU,\r:E FOO!
50'0 OAH ABOVE FINISHlO GRADE
COASTAL WIND lOADING
WITH PORCELAIN rACES
,/"
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DC 110.
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EMBEDMENT DETAIL
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EMBEDMENT SECTION A-A
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PRIOR TO CONSTRUCTION.
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arr. Sf At(: BOYNTON BEAOi. FLCROA
163.0278
ELROD & COMPANY
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240 SQUARE FOOl
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COASTAL WIND LOADING
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SETTLEMENT AGREEMENT
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THIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITY"), and HOWARD SCHARLIN, TRUSTEE for WOOLBRIGHT
PLACE JOINT
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VENTURE
("SCHARLIN") ,
this
~
day
of
, 1995.
WITNESSETH
WHEREAS, TRADEWINDS DEVELOPMENT CORPORATION, acting for the
Woolbright Place Joint Venture ("Woolbright") and the CITY have
heretofore been engaged in lengthy litigation over the development
of property located in Boynton Beach, Florida, which litigation is
subject to stipulations and judgments entered in Palm Beach County
Circuit Court, Case No. CL 86-3661 AE and CL 87-1638 AE; and
WHEREAS, Howard Scharlin, Trustee for Woolbright Place, Joint
Venture, is the true party in interest to the rights of TRADEWINOS
and is the sole owner of the property which was the subject of the
above referenced litigation; and
WHEREAS, Scharlin desires to enter into an Agreement with ~he
CITY which shall confirm the good standing of the parties under the
stipulations and judgements entered in the above referenced
litigation, and;
WHEREAS, the parties have engaged in negotiations which are
intended to resolve 'all current and future development issues with
respect to the real property identified in the above referenced
litigation, including issues involving the interpretation of ~he
previous stipulations entered into between the parties and the
Court Orders implementing same; and
Final 5/16/95
WHEREAS, the parties have agreed upon the terms that will
bring the litigation between them to a final conclusion in a manner
which is equally beneficial to all interested parties, and to the
citizens of the CITY; and
WHEREAS, SCHARLIN has represented to the CITY that Scharlin
is the only party who holds legal title to the property which is
the subj ect of this litigation and represents all those with
equitable interests therein, or who has standing to enforce the
stipulations and Orders entered into in the above referenced
litigation.
NOW, THEREFORE, in consideration of the mutual covenants
expressed and exchanged herein the parties agree as follows:
1. The foregoing whereas clauses are true and correct.
2. All references to SCHARLIN herein shall mean Howard
Scharlin, Trustee as authorized representative of owners of 100% of
beneficial interest in Woolbright, his successors or assigns.
3. INDUSTRIAL ACCESS ROAD: SCHARLIN shall construct the
industrial access road centered within a 50' public right-of-way
along the northern boundary of the PCD within twenty-one (21)
months of the date of this agreement including, but not limited to"
curbs and drainage. In return, the CITY agrees to abandon or
convey to SCHARLIN the southernmost 30' of the industrial road
right-of-way. The road shall be built in accordance with applicable
design standards and with the typical cross section depicted on
attached Exhibit'flA". The design shall incorporate ~ west bound
left turn lane on the industrial access road onto S.W. 8th street,
a sidewalk. along the north side of the road from S.W. 8th street to
Final 5/16/95
the eastern terminus of the road, with curbs and gutters along both
sides, and a continuous ficus hedge along the property line whic~
separates the PCD from the Vinings Developmentl~ ,"SCHARLIN shall
provide surety for the roadway improve~ents in the manqer
prescribed by the CITY's Land Development Cod~. The crTY agrees
that SCHARLIN may have no more than three (3) points of ingress and
egress to the PCD from the industrial access road, provided the
access points are located following the customary approval process
for the location .~f drive~ays.
4. LANDSCAPE BERM. In addition to other berms or walls
which are required to be constructed in the PCD or PUD, SCHARLIN
shall construct irrigated landscape berm along the west boundary of
the PCD and PUD, less the church parcel, within three months of
the execution of this Agreement. The berm height shall be measured
from the elevation on the Leisureville side of the berm and may
consist of five (5) feet of earthen berm and a ficus hedge. The
berm shall be landscaped along its high point with a continuous
ficus hedge planted and maintained in accordance with the memo
dated May 11, 1995, a copy of which is attached hereto as Exhibit
"CII.
5. VESTING: The CITY agrees that any and all CITY and
County impact fees which are required to be paid for the PUD and
PCD shall be calculated at the fee rate in effect in November, 1986
and the CITY shall collect such 1986 impact fee 'from the applicant
as development orders are issued and as a condition precedent to
the issuance of any building permits. SCHARLIN shall pay all other
building and permitting fees in effect at the time of applic~ion.
Final 5/16/95
To the extent that a category of impact fee did not exist in 1986
and was thereafter implemented by the CITY and/or County SCHARLIN
shall not be required to pay such fees. The CITY is not a party
to any agreement between SCHARLIN and Palm Beach County regarding
County impact fees. The CITY shall remit to the County any impact
fees paid by SCHARLIN to the CITY for County impact fees but the
,
CITY shall have no additional liability to SCHARLIN or the County
if the County demands additional fees, and SCHARLIN shall hold CITY
harmless from any such liability.
6.
USES IN THE PCD:
The parties agree that all uses
permitted under current PCD or C-3 zoning regulations are
permissible in the boundaries of the current PCD, subject to
conditional use approy~l.by the City commission when so designated
in the city Code~ By way of example: fast food restaurants are a ~ t
permitted use, restaurants with drive thru are a conditional use~ ~
'req~iring Commission approval.
7. FORCED AIR BURNING: The CITY agrees to permit one (1)
controlled air/forced air burning on the site, from the date of
this agreement, SUbject to Fire Department approval and proper
atmospheric conditions.
8. GARDEN CENTER/ACCESSORY USE: The CITY acknowle~ges that
the Home Depot Outdoor Garden Center is an accessory use and that
said Garden Center shall not be included as part of the retail
gross leasable area.
9. REVIEW PROCEDURE: The CITY and SCHARLIN agree that the
development review procedure attached hereto as Exhibit "B" shall
be implemented and applied to all applications by SCHARLIN for
Final 5/16/95
further construction permitting on the property. The CITY further
agrees that upon receipt of applications as required by applicable
ordinances, it shall process maste~ plan modifications and site
plans in accordance with the schedule attached as Exhibit "B".
10. SCHARLIN shall be required to bond all required
subdivision improvements including on and off-site improvements
required by CITX Code.
11. MASTER PLAN MODIFICATION: Nothing herein shall prevent
SCHARLIN from seeking modification of the current master plan.
Notwithstanding any previous requirement, additional commercial
buildings need not be attached to the Home Depot Garden Center.
Master Plan modifications shall be conducted in accordance with the
procedures in place at time of application for same.
12. PHASE DEVELOPMENT: The CITY agrees that SCHARLIN shall
have the right to phase development of the PCD and/or the PUD as
well as sever portions of the property from the PUD or PCD,
provided, however, that the phasing of any' improvements whi~h are
required by the subdivision and platting regulations shall be in
accordance with the revised master plans submitted by SCHARLIN and
approved by the CITY, and phasing of said improvements is
reasonably related to the land uses that are proposed in the
particular phase.
13. ADDITIONAL CURB CUTS: Notwithstanding any prior
agreement, SCHARLIN may request additional curb cuts along S.W. 8th
Street. Approval shall be subject to customary review and hearing
for traffic flow and safety considerations.
14 . RELEASE AND SETTLEMENT: Upon execution of this
Final 5/16/95
Agreement by both parties and approval by Court order all priQr
stipulations, agreements, letters of unders~anding, negotiations
shall be. deemed in good standing and satisfied and the future
rights of the parties shall be governed by this Agreement and the
applicable provisions of the CITY Code of ordinances, as that Code
is amended from time to time. SCHARLIN shall provide to the CIT~ ~
a General Release from SCHARLIN, ~w~ i2<-,('I.j/~
~/r WOOLBRIGHT PLACE, JOINT VENTURE, and MICHAEL MORTON
releasing the CITY from all claims or actions accrued or
outstanding which either has or may assert against the CITY, except
those claims or actions which may accrue in the future based upon
either party's failure to comply with any provision of this
Agreement.
15. COMMISSION/COURT APPROVAL: This Agreement shall have no
force and effect until approved by a majority of the CITY
Commission and the entry of an Order approving a stipulation for
Settlement and Dismissal referencing the terms of this Agreement.
16. ATTORNEY FEES:
SCHARLIN shall pay to the CITY Five
Thousand ($5,000.00) Dollars, representing attorney fees and costs
incurred by the CITY in this action.
17. CODE COMPLIANCE: The parties agree that unless herein
stipulated, all current and future activities will be governed ,by
City Codes and Regulations in force and effect upon the date of
application for an activity.
18. REQUIRED IMPROVEMENTS:
SCHARLIN agrees to complete
construction of all' required improvements including, but not
limited to, the industrial access road referenced in paragraph 3
Final 5/16/95
above, and previously required landscaping.
SCHARLIN further
agrees to provide 110% surety for all required improvements and to
complete the required improvement within twenty-one (21) months of
tpe date ~f the CIT~ Comm~ssion accep,tanqe o~tbis ~greement.
19. RIGHT-OF-WAY LICENSING AGREEMENT: The parties agree that -
the Grant of License by the CITY to SCHARLIN as recorded with Palm
Beach county on December 11, 1990 (90-352210, Official Record Book
6667, Page 103) remains in full force and effect. The parties agree
to correct an error in the legal description contained therein.
20. ENFORCEABILITY: Nothing herein shall constitute a waiver
on the part of either party to seek judicial enforcement of the
terms of this Agreement. This Agreement shall be binding on all
successors or assigns of SCHARLIN.
THE CITY OF BOYNTON BEACH
by:
ATI'EST:
JAC/lms
900304
AGREE. 1
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Trustee
Place Joint
Final 5/16/95
EXHIBIT B
The following procedure shall be implemented and followed by
both SCHARLIN and the CITY in the filing and processing of all
requests for development approval:
step 1. SCHARLIN contacts the Planning Director to Schedule
a pre-application meeting.
, step 2.. written documentation outlining request should be
submitted to the Planning Director no less than five (5) business
days prior to pre-application meeting. This will permit the
Planning Director to make appropriate inquiries of other staff
members.
step 3. Pre-application meeting with staff. Staff will
provide comments at this meeting.
step 4. Formal submission of application by Tradewinds.
Step 5. Staff will review application within ten (10)
business days.
step 6. . Planning Director will provide written response on
or before tenth (lOth) business day following submission.
step 7. Application will be placed on the P&D. agenda for
next P&D meeting, if P&D meeting will occur within two (2) weeks.
If P&D meeting is not within two (2) weeks, a special P&D meeting
will be called. Developer may, at its discretion, request delay of
the Planning and Development Board meeting but such request must be
in writing.
step 8. Following P&D action, application placed on next
City Commission agenda.
Final 5/16/95
In the event that public notice is required by City ordinance
or state law for public hearing, then in that event, the scheduling
"
of meetings under step 7 and step 8 shall be extended to meet the
notice requirements of law.
Final 5/16/95
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