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LEGAL APPROVAL ~v(M~ tt-~ ~ ~l ~JA:<< ~r' I~ft ~ ffrt? ~~ ~ MINUTES OF THE: _t TY COMMISSION WORKSHOP MEETIt\_ HELD IN CONFERENCE ROOM "C", WEST WING, BOYNTON BEACH, FLORIDA, ON MONDAY, AUGUST 25, 1997 ~30 P.M. Kerry Willis, City Manager James Cherot, City Attorney John Guidry, Utilities Director Mark Law, Deputy Director ot Utilities Peter Mazzella, Asst. to the Director ot Utilities PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Shirley Jaskiewicz. Commissioner Henderson Tillman, Commissioner tV.NN\NG ANO ZONING {)(1l1 Mayor Taylor called the meeting to order at 6:36 p.m. to discuss two proposed settlement agreements. He reminded everyone present that no vote would be taken at this workShOp meeting. These issues will be voted on at an upcoming regular City Commission meeting. I. PROPOSED LEISUREVILLE SETTLEMENT Attorney Cherot advised that this item has previously been discussed in Executive Sessions; however, that environment does not provide the benefit ot staff presence to offer input. The Leisureville community is unusual in a number ot respects. The most unusual aspect is that the property line ot each individual home goes to the centerline ot the adjacent road as opposed to the edge ot the right-ot-way. This is pertinent because the main sewer line is underneath the centerline ot the road. There is a feeder line (lateral) off to the side of the main sewer line. When Leisureville was developed, there was plat language that discussed the right-ot-way and access easements for the purposes of maintenance. In Phase I there was plat language, a document that conveyed the main line of the sewer and other parts of the sewer system to the City, and there was action by the Commission accepting that conveyance. These three elements only exist as to Plat 1 of Leisureville. Attorney Cherof distributed two diagrams. One at the diagrams showed the right-ot-way, sewer line, and the lateral. The second diagram is a detail of the connection. The lawsuit Leisureville initiated was an action for declaratory reliet asking the court to interpret the plat language and the actions of the City over time, and to make a determination who was responSible tor a portion of the lateral that was in the right-of-way. During Executive Session, the City reached a point with the City assuming and acknowledging responsibility tor the main line repairs and a portion ot the lateral. In addition to the sewer system, there is also a stormwater retention system in this community. That system is not depicted on the diagrams. However, it is an issue that should be addressed. Using the diagram, Attorney Cherot explained that the City agrees to accept responsibility for the main line and any leaks and maintenance associated with that (A) and the turn section (8) and all ot the connections at that point. The property owners or the association would be responsible for connections beyond that point. From a staff point ot view, it was telt that it was easier to deal with specific parts ot the system as opposed to dealing with measurements and how it relates to the 30' easement. Staff is able to televise this system without having to dig it and to determine where they are in the system by visual points ot reference. No excavation will be necessary tor repairs. Mark Law explained that technology has brought us to the point where new grouting methods and equipment are available. Funding has been included in the proposed budget tor this new technology. 1 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA AUGUST 25, 1997 Staff will be able to sit in the main line and videotape and look up the line with a t.v. camera. If a leak is found in either of the items identified as "A" or "8", a chemical grout repair can be made by a worker who will sit in the line. No excavation is necessary. Mr. Law is comfortable that the repairs identified can be made using this method. Mr Law explained that a repair would require the use of the City's large t.v, truck. This is a two-man operation. The workers would enter a downstream manhole with the camera that is on equipment similar to a tractor. The tractor goes up the line, centered at the location of the potential break point. The workers can view up into the lateral 3' to 5' outside of the main. The leak will be visually identified and the repair will be made. The chemicals are fairly expensive; therefore, it will probably cost between $500 and $700 per repair Mr. Law explained that the City has been able to identify a leak by small depressions in the pavement. Attorney Cherof advised that the repairs would be necessitated by physical evidence of a problem. There is no requirement that the City undertake a program of preventive maintenance. If there is a depression and there appears to be a problem, the line will be inspected. If there is a defect. the repair will be made. This may result in an ongoing situation since there is no way to project when these repairs will be necessary. This is an aging system. Mayor Taylor questioned whether we would have the ability to detect a leak that is beyond the area of our responsibility. Mr. Law responded negatively, and explained that the only way to visually inspect the balance of the lateral would be to enter into the clean out. Commissioner Jaskiewicz asked if the most likely occurrence of leak would be in the joint area. Mr. Law explained that this is brittle clay pipe, some of which was constructed in 1965. The life expectancy of this pipe is approximately 50 years. From the point at the final bend beyond item 8 to the front of the home. there is approximately 25' to 30' of pipe. There could be three to five more joints between that point and the front of the home. That area would be the responsibility of the property owner or the association. Vice Mayor Titcomb confirmed with Mr. Law that this configuration is typical to all the connections within Leisureville. In response to Mayor Taylor's question about the costs associated with excavation, Mr. Law explained that considering the water table in most of Leisureville, it could cost approximately $3,000 to $5,000 per excavation and restoration. With respect to the stormwater system, Mr. Law explained that this is a wet system. Almost all of it was constructed below the normal water table of Leisureville. It is always flooded. This type of system is very difficult to clean. An inflatable bag must be inserted into the outfall, the water must be pumped out. and then it must be cleaned. It is Mr. Law's opinion this system has never been maintained. The only scouring it gets comes from a high rain incident. To the City's knowledge, the system is in decent condition. However, much of it was constructed in 1965. We have no documented drawings on this system. Attorney Cherof confirmed that this system has never been maintained nor have we been able to determine that It is a system that was conveyed to the City for the purpose of maintenance. During the meeting with representatives of Leisureville to discuss this situation, we felt it could be resolved as follows: For certain types of emergency repairs or beyond that, the City and staff would be available to process a repair (send a crew out to make the repair), but the Association would be responsible for the cost of the repair. This will enable the City to compete with 2 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA AUGUST 25,1997 the private sector for repairs and passes on to the community the benefit that the City can more efficiently and economically undertake the repair. To resolve the issue. there will be an acknowledgement that the Association owns all of the system. but the City would undertake this responsibility of responding to repair calls and bill the Association for those repairs at City rates, Commissioner Jaskiewicz confirmed with Mr. Law that although the Leisureville community was being discussed this evening, these methods of remediating any situations like this would be used Citywide. Commissioner Tillman questioned how much money would be budgeted annually for these repairs. Mr. Guidry advised that the department has not budgeted for these repairs. The department is involved in updating the stormwater master plan. We envision looking at the rates. There was a determination by bond counsel that it was just to utilize water and sewer rates to pay for some reasonable stormwater costs. That was cleared in the 1996 bond documents. Attorney Cherof said the program of undertaking repairs to the sewer system and stormwater will be reflected in the rates in the future. Mr. Guidry agreed that we are now working on a cost of service analysis. We have not revisited rates, but will look at it in the future. Attorney Cherof advised that at a meeting with Leisureville representatives. the discussion was narrowed down to the terms stated. There is no document that reflects the term. However, if the Commission is comfortable with this concept as outlined, the draft document will be modified to reflect the terms and brought back for Commission approval after the Association has reviewed and approved it. Consensus There was a consensus of the Commission to move forward as recommended by Attorney Cherof. 2. PROPOSED WOOLBRIGHT PLACE SETTLEMENT AGREEMENT Attorney Cherof advised that the Commissioners had been given a handout summarizing five or six specific points that were taken from a proposal to modify the 1995 Settlement Agreement with Mr. Scharlin (Mr. Morton). The two-page chart summarizes the position set forth in the 1995 Agreement, Mr. Morton's proposal to modify it. and the recommendation by staff. Attorney Cherof addressed each issue in the proposal as follows: Industrial Access Road The 1995 Agreement required that this road be constructed within 21 months of the date the Agreement was signed (November, 1995). That road is not being constructed, and Mr. Morton has proposed delaying construction of it until the occurrence of the earlier of two events - either the issuance of the Certificate of Occupancy for his 14 acres immediately to the south of that industrial access road (the property between Home Depot on the south and the Vinings development on the north), or the necessity of the road for the purposes of developing the property that lies east of the railroad tracks (Winchester property). The Winchester property is currently undeveloped, and the only access to it is from the north. The railroad crosses Ocean Drive with an opportunity to turn south. That road does not extend all the way down at this point. The Winchesters have an unspecified plan to develop their property. Mr. Morton proposes to construct the access road when Winchester develops the property and the CSX railroad approves moving of the railroad crossing from Ocean Boulevard to the industrial access road. There are several different points of view about when that would be triggered. and how it would occur. The railroad has provided many different opinions on how this could occur. Attorney Cherof advised that stories he 3 MEETING MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA AUGUST 25, 1997 has heard indicate that the railroad will never agree to close Ocean Drive. He has also heard stories that the railroad has no problem with closing Ocean as long as the industrial access road is in place. Mr. Morton explained that the Agreement that was originally in place when this road was contemplated had Mr. Morton building the road to the railroad track. Winchester would build the crossing and provide access to the property owners to the north. The City agreed they would maintain the crossing and provide insurance for the crossing. There have been many stories about what the railroad might allow. Mr. Morton said the railroad would allow the switch of crossings as long as all of the items mentioned are satisfied. Commissioner Jaskiewicz questioned whether the City has ever contacted the State to find out for certain whether the Winchester property will ever be developed. The State is seriously looking at maintaining a greenbelt and possibly expanding 1-95 in this area. Mr. Morton explained that there was an article in the newspaper recently that the Nature Conservancy targeted two sites in Palm Beach County. This is one of those two sites. They would like the Nature Conservancy to buy the Winchester track for preservation. If this occurs, they would probably incorporate the railroad track so that it will be part of the shopping center. Winchester has an ingress/egress agreement to the CSX railroad property. This property had originally been sold to the State as part of 1- 95. The State declared a portion of it surplus property. Elsie Winchester purchased the property as landlocked property. Attorney Cherof reminded the Commissioners that this industrial access road construction was a hotly discussed issue when the City reached the 1995 Agreement. There previously was an 80' right-of-way. As part of the 1995 Agreement, Mr. Morton's commitment was to build it within 21 months. Correspondingly, the City made a concession to abandon the south 30' of that 80' right-of-way. Mr. Morton benefited from that 30' abandonment. The City satisfied that provision of the 1995 revision. A great deal of time was spent discussing this particular issue and we received a commitment from Mr. Morton to build that road within 21 months. Staffs response to Mr. Morton's proposal is to delay construction until the earlier of one of the following events: 1. Either 120 days from site plan approval for the adjacent 14.5 acres; or 2. 120 days from site plan approval for any portion of the property east of the railroad tracks (south of Ocean and north of Woolbright). The triggering event would not be contingent upon the railroad's actions. This would remove them from that equation and fixes it with respect to development of one of these two parcels of property. Greg Kino, attorney, advised that the issue is timing. Mr. Morton is not refusing to construct the industrial access road. From a legal standpoint, there was a tenuous connection between the construction of a resident PUD and an industrial access road to serve one developer. Mr. Morton is requesting that the City reflect the appropriate time. Mr. Morton feels the appropriate time would be either when he completes the buildout of his project, or when the other project for which this road is being built to support is approved and we know for certain the railroad crossing will be in place. The CSX crossing is critical to whether that undeveloped parcel gets developed. In response to Mayor Taylor's question, Mr. Kino advised that it would benefit Mr. Morton if the road were built when he is ready to develop his parcel. Therefore, Mr. Morton agrees with staffs recommendation except that in addition to the Winchester parcel being site planned through, that they also have the approval for the railroad to cross it. 4 MEETING MINUTES CITY COMMISSION WORKSHOF- BOYNTON BEACH, FLORIDA AUGUST 25,1997 Mayor Taylor pointed out that the original agreement had nothing to do with what was going to be developed at the other end of the road. When Mr. Morton came in, the City dealt with Mr. Morton's development. He agreed to develop the road as part of this project and the City agreed to abandon some property. Mr. Morton said he incorporated the extra 30' into the shopping center development. The main issue now is whether or not a road to nowhere should be built. Mayor Taylor reiterated that this is a discussion that happened many times. The City maintained its position that it wanted the road built, and Mr. Morton agreed to that condition. Part of the agreement was that the road would be built within 21 months of the 30' abandonment. That 21-month period has now expired and Mr. Morton is now looking for an extension. Mr. Morton advised that the agreement says there would be three access points into the center. Until the shopping center is planned, he does not know where those access pOints will be located. There is no condition to eliminate the road. The road will be built as part of the 14 acres. If there were a good public use for it. he would build it immediately. When the meeting took place with Carrie Parker and Bill Hukill, there was talk about discussions going on with the railroad and Winchester about developing his property. They believed this would happen. Therefore, the 21 months was included to satisfy Winchester because he felt he would have a deal ready with the CSX railroad. However, that has not happened. Mayor Taylor feels Mr. Winchester may have been able to market his property if a road was included. Attorney Cherof said there is a provision of the current agreement that requires Mr. Scharlin to provide 110% surety for all of the improvements including the construction of the road. That provision would have to be satisfied if the Commission agrees to any delay in construction. There is no surety for the road at this time. and the City would want that surety up front as a condition of signing the agreement. City Impact Fees The agreement provides that any applicant (Mr. Scharlin or one of his purChasers) pay fees at the 1986 City impact fee rate. Mr. Morton's proposal is that if Mr. Scharlin is the applicant, that the 1986 fees be collected. However, if he is not the applicant (if he has conveyed the property and someone else comes in), that the City would collect the current rate and would remit the difference to Mr. Scharlin. Staff's recommendation is that the fees collected from all applicants would be at the 1986 rate. If there has been a differential collected to date, we would remit that differential to Mr. Morton provided that the City is provided with releases from all of the purchasers of the property. This is something all of the purchasers are aware of and they do not have an objection to the releases. County Impact Fees Mr. Morton has a letter from a prior County Attorney that acknowledges that his project was vested as of 1986. Currently, the County is disputing the effect of that letter from the County Attorney. There is currently an agreement where the City collects the current rate and gives the money to an escrow agent that Mr. Morton and the County have agreed to. Mr. Morton's proposal is that if discussions with the County break down over what the escrow agent is to do with that money, that the City will join him in litigation against the County and aggressively support him in enforcing his letter from Mr. Cook, the County Attorney. Staff recommends that the City continue to collect the current rate and give it to the escrow agent per the agreement. However, if discussions break down between Mr, Morton and the County, or if the County 5 MEETING MINUTES CITY COMMISSION WORKSHO~ BOYNTON BEACH, FLORIDA AUGUST 25, 1997 begins to assert a position that is adverse to the City whereby the City has liability, the City will take those funds and let the court figure out who they belong to. Attorney Cherof does not feel there is much distinction between the court and an escrow agent. We will honor whatever agreement Mr. Morton is able to make with the County. We are not a third party to that agreement. Mr. Kino advised that Mr. Morton agrees with the staff recommendation on the City impact fees as long as they can provide a release to the City. The County impact fee issue is between Mr. Morton and the County. The only reason the City is involved is because the City is collecting the fees for the County. Plans Review Procedure The 1995 agreement incorporated a chart on how Mr. Morton's applications would be processed. This process was referred to as an "expedited process". In some cases, the "expedited process" took longer than the regular process, Staff recommends resuming standard processing. Mr. Morton proposed using terms such as "best efforts" and "unreasonable delay". Attorney Cherof feels these are the kinds of words Iitigators like. He reminded the Commissioners of previous litigation with Mr. Morton over the word "expedited". Mr. Kino was agreeable with Attorney Cherofs recommendation and stated that the proposed language was Mr. Morton's way of extending an "olive branch". Traffic Approvals There is a provision proposed related to traffic approval that was not specifically dealt with in the 1995 agreement. Staff is still evaluating this issue and discussing it with County staff. Mr. Kino said what Mr. Morton is trying to do is set out what has been approved with regard to traffic. The traffic reports that were referenced were approved by County Traffic Engineering as well as the City. This is being done as a confirmation. If the City has an objection, Mr. Morton would like to know about it now. Mayor Taylor acknowledged Mr. Morton's agreement with staffs recommendations regarding everything but the industrial access road. Mr. Mazzella said he agrees with Mr, Kino's remarks about the traffic study. This is a very complicated issue. Mayor Taylor feels it would be possible to live with waiting for the 14.5 acres from site plan approval and/or approval for any portion of the property east of the railroad tracks. Mr. Morton is proposing including CSX approval. Staff does not agree with that proposal. Mr. Mazzella explained that CSX would not approve a crossing to a vacant parcel. They will need something to substantiate the need for a crossing. That need would be necessitated by traffic, which will be generated by a specific use. Until a use is designated, and a site plan is approved, the need for a crossing cannot be evaluated. Mayor Taylor pointed out that Mr. Morton would need this road if he gets site plan approval for the 14.5- acre parcel. Mr. Kino explained the CSX railroad would not give an approval without showing a need for the crossing. That approval will come from CSX when the site plan is approved for a portion of the property across the tracks. 6 MEETING MINUTES CITY COMMISSION WORKSHOF- BOYNTON BEACH, FLORIDA AUGUST 25, 1997 Mr. Morton added that he agrees with Mr. Mazzella's remarks that the crossing would be better on the industrial road than it is on Ocean Drive. However, there are issues that must be resolved with the railroad and Winchester in order to have a crossing. One of the major issues in closing the crossing on Ocean Drive is how the business owners in that area will gain access to the property. After talking with CSX, Mr. Morton believes they would change the crossing if all factors came into play. Commissioner Jaskiewicz suggested contacting DOT to see if they will ever consider eliminating the greenbelt in this area. In response to Vice Mayor Titcomb's question, Mr. Mazzella explained that if that tract of land were to become designated greenbelt, the industrial access road would be built when the 14.5-acre parcel is developed to provide a rear access to the shopping center. Mr. Kino explained that Mr. Morton has a master plan modification, which was postponed in order to allow time to work out some issues with staff. Mr. Morton would like to come to the City Commission with a master plan that reflects everything Mr. Morton and the City want. Mr. Morton confirmed that he was in agreement with the sketch that reflects the switch on the industrial access road. 3. CONTRACT WITH THE TOWN OF HYPOLUXO TO PROVIDE FIRE AND EMS SERVICES City Manager Willis advised that the Town of Hypoluxo was placed on notice by Lantana that they will turn its service over to the County effective October 1, 1997. Because of this notice, the Town of Hypoluxo is scrambling to investigate other options. An effective date of October, 1998 for the commencement of service would be set, leaving the window of opportunity open for as soon as October 1,1997. The figure we are working with is $180,000. Vice Mayor Shultz of the Town of Hypoluxo advised that this would only happen if the County Commission grants them release from the contract because they are now carrying Lantana's contract. Fire Chief Bingham and Battalion Chief Bill Gulbrandsen were present to address this issue. Mr. Gulbrandsen explained that the Town of Hypoluxo is S/10 of a square mile, which goes from Hypoluxo Road south to Miner Road. It is bordered on the east by the Intracoastal Waterway and on the west to an area just west of the FEC railroad tracks. The City borders the Town of Hypoluxo on three sides. We currently service the area and there have been discussions in the past about squaring off the City boundaries. This is an area the Fire Department feels is within the squared off boundaries of Boynton Beach, The Town of Hypoluxo has a permanent population of approximately 1,300. The township is approximately 50% built out. There are two major areas open for development. One area is just west of the FEC tracks (approximately 100 acres), bordered on the west by Overlook Road. This area is currently being looked at as a scrub site. This area may never be developed. However, if it is not a suitable scrub preservation area, it will be open for development. There are two active marinas in the area. Approximately two years ago, there were 100 EMS and Fire-related calls, and there were approximately 200 calls last year in this general vicinity. The township starts just north of Gateway and is bordered by the City of Boynton Beach. There is no part of the Town of Hypoluxo east of the Intracoastal Waterway. Chief Bingham advised that on August 6111, he was asked to join a meeting in the City Manager's Office with Mr. Shultz. Subsequent to that meeting, he was asked to perform an analysis relative to the impact this request would have on Boynton Beach Fire/Rescue. He provided all correspondence that transpired between himself and the City Manager. Between August SIn and August 11111, he and Mr. Gulbrandsen spent time in the Hypoluxo area. He followed up with a letter to City Manager Willis addressing response times. In reviewing the contract that was provided, they also noted that the City of Boynton Beach uses a different method than Lantana to transport patients. The City of Boynton Beach uses a private provider 7 I; II , /ill f , 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. RESOLUTION NO. R96-//A ~ 0 w ~IT I! I), ~! : I ( PI.4NN;;-;- ,. - -_....1 ZiJ~W':,. , -'''--''"'-..-., ~, }0<<~' 5 W~ 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, (SCHARLlN) which Agreement provided for the abandonment of the I southernmost 30' of the industrial road right-of-way by Ihe City 10 SCHARLlN; 'I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THA T~ 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. ::;i;;~?F?A / ~~- --;:;L I , i I ATTEST: . ,. ~<:k~<AL- , Cit Clerk I Aulhsig.res II Ib.ndomentllROW II Sch.rtin-8/11ge II I Commissioner ~~~ Commissioner ~ ~)2i Co issioner ,; " ... ...", .;,-,' .... '" ~. ~.--.:- ~v ~ ~;.. O'~~ ;;-i{~:'- \\-- .//r .~,"<l - ./ ,.., . ' -.....; ~ . ~ ~~ uf:-' ct..\-"\ ~~ :-:.~ p.. el - . - -~ \ f"\J \~ . ~~ ~~ ~~ ~~ .~ I ~ ~ \~ ~ ~ ~ uJ ~ (~ 0\ .~ t-N . \ ~ I (...) ~\.~ \.C') '..4. .' '/ C' i / t- \ I -0 \ lV'\ ~ \ if u-..i .. t- (O'l (...)0 d.... cs: ~ o \I) ~ C7I a:. <t> "- ""I .~ I :.J \ \ '- 0\ ~, \ r <r " l'- ~ ~ cs: t- \ \ ~ <;!;O'l! 0\ ~ ~ ..-.. ....01 ( " ------ ~ 0 .. - i .~ CO r"" -~ --.~ ..- ~ ~ (...) \ ,.4. ., N cs: t- c ,. c,,"; ~ -- ...."'J ~ - 1..~ , .~\ ~ ~~: "',_:\ \\_. \ \\ \ \ . \\ \ \\ . \ \ \ .. \\~\ \ \\ \ ' 1\ \'- ~\ \ ~\ "t,. \ 1~ l ~. 9- \~'" -Q.. c:.o CS) t, ~ \Oct. \(1)0 ~ .' ,... \ \ \ . ' ~ ~ ~\ . . '-J ",,1 . 0"" ~ l ~: . TbJ.. in.~J:\DMD~ va. p"'--~red by. Bovard R. Sebarlin, I . Sebarlin, LaIl..~t., Coben, Cobb' Ebin 13" s.w. r~.~ Avenue, .400 Miami, r.L 33130 R9t - /I~ RIGHT-OF-WAY ABANDONMENT THIS INSTRUMENT, vacating a portion at right-at-way given by the CI~Y 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 at the Public Records at Pal. Beach county, Florida includes dedication at a road way identitied on said Plat as Tract "A" with the street nUle at Morton'. Way (the "Subject Road Right- at-way): and WHEREAS... by resolution duly enacted by the CITY at a properly - constituted meetinq at the City Council, Resolution No. 95-65, the CITY resolved to vacate the Southerly 30' at the Subject Road Right-at-Way which is aore specitically described as tallows: A portion ot Tract "A" (also known as .Korto.n's way), WooLBRIGII'l' PLACZ PLAT 1, according to the Plat thereot as recorded 1n Plat book 67, Pages 47 through 49, at the Publlo Record. ot Palm Beach County, Florida, more ~aa1.rly de.cribed as follows: CO....CIIfG at the Southeast corner at Tract "Z", SBOPPES OF WOOLBlUGB'l' p.e.D., according to the Plat thereof recorded in Plat Book 65, Page. 137 and 138, Pu!:llic Records ot Pal. Beach County, Florida I thence N01"34'16"W, 571.91 feet to the Northeast corner ot said Tract "E", and the POINT OF BEGINNING, thence SSS"26'13"W,.a10nq the North boundary ot said Tract "E", 1125.37 teet to a point on the East boundary ot Tract "1.", (also known as: S.W. Sth street), SHOPPES OF WOOLBRIGHT P.C.D.; thence S37.35'20"W, along said Bast boundary, 46.53 feet to a point on the arc at a non- tangent curve, concave to the Northeast, (radial line eo said point bears S76" ~ 4' 26 "W) : thence Northwesterly along the arc of sald curve, having aJ radius at 1438.26 teet, a central anq1e ot 01"13'04" anlan arc distanc. at 30.57 feet; thence N37"35'20"1, 46.53 feet to a point on a line 30.00 teet North at and parallel with the North boundary at said Tract "B": the e NSS"26'13"B, along said parallel lin., 1131.24 . ee to a point on the East boundary of said Tract e ". thence SOl" 34116"1, along said East boundary, 30.00 at to the POINT or BEGINNING. Said' lands lying and 81 tuate 1n the City of Boynton Beach, Palm Beach County, Florida. -" .~.,-' ..,~.~~' NOW, THBRBFORB, atter due consideration by the City Council with. quorua present, and in impl...ntation ot the said r.solution , to vaaat:a a portion ot the Subject Road Rigbt-ot-Way, 1:11e CITY " -~~ acti,..,. it. duly constituted otticers doe. bereby vacate the Sout:herly 30' ot 1:11e Subject Road RiCilht-ot-Way. In vacating the Southerly 30' ot the Subject Road RiCilbt-ot-Way, that vacated portion ot the right-ot-way, without turther action by any party, beco.~lI-the Northerly 30' ot Tract B ot the Shoppe. ot Woolbright P.C.D., according to the Plat thereot, a. recorded in Plat Book 65, paqe. 137 and 138, at the Public Record. at Pal. Beach county, Plorida. IN WITHBSS WHBRBOr, this instrwaent i. exec;:uted by the Mayor at the City ot Boynton Beach and the Mayor'. siCJlUlture i. att..ted by the City Clerk and the corporate .e.1 ot the CITY i. atiixed. TO CITY or BOYlft'OII BBACH . : ... By: . - - ATTBST: CITY CLBIUt (CITY SDI.) STAB or PLGaJM BACH inatruaent was acknowledged betore .e this , 199', by . as ot The CU:y of Boynton Beach and a. t:he City Clerk, who are personally knovri to _ or wo have produced a. identification. My coaai..ion.BxPir..: - Notary Public, stat. ot Plorida D..... eo.alaaioa ~. -- NO. 262230 NOTICE OF PUBLIC HEARING JOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH,. . flORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, June 12,1990, at City HaU, :. ;Commission Chambers, Boynton Beach, Florida to consider a request for REZONING covering the parcel: t of land described as follows: ' lEGAL A parcel of land situate in Section 29, Township 45 South, Range 43 East, PdJI1(; DESCRIPTION: Beach County, Florida, more particularly described as follows: :, > " . . Commencing at the Southeast corner of said Section 29; thence N. 01034'16"'" W. along the East line of said Section 29, a distance of 1080.64 feet to the Point~' of Beginning; thence S. 88026'13" W., a distance of 193.31 feet to a point of" curvature; thence Westerly along the arc of a circular curve to th~ right havine ai':, radius of 1,000.00 feet, a central angle of 10042'03", an arc length Qf 186.19';; feet to a point of reverse curvature; thence continue Westerly along the dfe. of q circular curve to the left having a radius of 1000.00 feet, a central angle qfi' 10042'03", on arc length of 186.77 feet to a point of tangency; thenc:e ,S',i 88026'13" W., a distance of 550.21 feet to a point on curve; ther\C8~/ Northwesterly along the arc of a circular curve to the left whose radluspoint,c>; bears S. 71000'14" W. having 0 radius of 1851.74 feet, a central CJt'lgle of 0012'51", an arc distance of 6,92 feet to a point of reverse curvature; tf1e~"'~ continue Northwesterly along the arc of 0 circular curve to the right hQving'~, radius of 1438.26 feet, a central angle of 5057'04", an arc distance of 149.39' feet; thence N. 37035'20" E., a distance of 46.53 feet; thence N. 88~6/1;t/(E,/:~, a distance of 1125.37 feet to a point of intersection with the Eo'st line of $did ~.; Section 29; thence S. 01034'16" E. along said East line, a distance of 221..911' feet to the Point of Beginning. .' 1 ""t,_ Said lands situate in the City of Boynton Beach, Palm Beach County, Florid~.",. ..".1 'f,', ., Containing 5,1871 Acres, more or less. , I ;Y Subject to Easements, Restrictions, Reservations, Covenants, and Rights-of~Wayl ,; of Record." .:; APPLICANT I OWNER: AGENT: PROJECT NAME: PROPOSED USE: ,lOCA TION: Tradewinds Development Corporation , \,~ !'d~ Kilday & Associates . ,. The Shoppes of Woolbright PCD (Planned Commercial Development) ; '~ Commercial ,Shopping Center ~; :~~ East side of S.W. 8th Street expal,s:xl approximately 800' North of,'i Woolbright Road. ~ /... e.. ., ~~ REZONING from PUD (Planned Unit Development) to PCD (Planned Commei~!: }. } cial Development) ." JI,J. ;!...." . ' ~'i J #.. A PUBLIC HEARING will be held by the City Commission of the CIty of Boynton Beach on the above reques~ ','~ on June 19, 1990 at 6:00 P.M. at the Commission Chambers, or as soon thereafter as the agenda permits1: :: , I :~ d l:! All interested parties ore notified to appear at said hearings in person or by attorney and be heard. An~;;' person who decides to appeal any decision of the Planning & Zoning Board or City Commission wittr, i': respect to any matter considered at these meetings will need a record of the proceedings and for suc~; t purpose, may need to ensure that a verbatim record of the proceedings is made, which record includesth~ H testimony and evidence upon which the appeal is to be based. , :i:~ }~ ~ 1.\ , ij /1 CITY OF BOYNTON BEACH, FlORIDA:,~ SUZANNE M. KRUSE '~ CITY CLERK REQUEST: t .I~ 1 ;'~ PUBLISH: May 27, June 3, 1990 RESOLUTION NO. R92-~ :5 "f ~r~ l (gvl /jI.-r- (jJrrfi J ~~ f 1J]&tJ r bnt~ eft ~ ~z. (') -nkg A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO EXECUTE A STIPULATION CLARIFYING FINAL JUDGMENT IN THE TRADEWINDS DEVELOPMENT CORP. LAWSUIT ON BEHALF OF THE CITY AND FILE THE SAME WITH THE COURT; A COPY OF SAID STIPULATION IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boynton Beach Agreement for 1990; and Tradewinds Development Corp., and the City entered into a Stipulation of Settlement Entrance of Final Judgment on January of and 27, WHEREAS, a Final Judgment was County Circuit Court on January 7, terms of the Stipulation; and entered in Palm Beach 1990 incorporating the WHEREAS, the City Commission of the City of Boynton Beach has deemed it to be in the best interests of the citizens and residents of this City to authorize the City Attorney to execute the Stipulation Clarifying Final Judgment on behalf of the city and to file the same with the Court. ROW, 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 the City Attorney to execute the Stipulation Clarifying Final Judgment attached hereto as Exhibit "A" on behalf of the City and to file the ~ame with the Court. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~~ day of June, 1992. CITY OF BOYNTON BEACH, FLORIDA ~u/~~ Mayor ~7~ t!~-'7'd~ , /L/~k-<~4L ? Commis ioner ATTEST: ~.JA/JL'7t:.J. W. ~/ /7 ~...L- ~lerk (Corporate Seal) TRDWND/STIP 6/10/92 WRll:D.18 EXHIBIT "A" __PARCEL 1: . , A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST, THENCE WITH A BEARING OF NORTH l' 34' 16" WEST, ALONG THE EAST LINE OF SAID SECTION 2 9, A DISTANCE OF 7 30.00 FEET TO THE POINT OF BEGINNING~ THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 50.00 FEET TO A POINT ~ THENCE WITH A BEARING OF SOUTH l' 34' 16" EAST, A DISTANCE OF 290.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 50.00 FEET TO A POINT~ THENCE WITH A BEARING OF SOUTH l' 34' 16" EAST, A DISTANCE OF 251.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 89' 50' 25" WEST, A DISTANCE OF 452.00 FEET TO A POINT~ THENCE WITH A BEARING OF SOUTH 77' 30' 21" WEST, A DISTANCE OF 386.16 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 85' 45' 32" WEST, A DISTANCE OF 384.39 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 34' 16" EAST, A DISTANCE OF 110.93 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAV- ING A RADIUS OF 834.55 FEET, A CENTRAL ANGLE OF 17' 06' 10", AND AN ARC LENGTH OF 249.11 FEET TO A POINT~ THENCE WITH A BEARING OF NORTH lS' 40' 26" WEST, A DISTANCE OF 122.94 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 88' 26' 13" EAST, A DISTANCE OF 1213.04 FEET TO A POINT~ THENCE WITH A BEARING OF NORTH l' 33' 09" WEST, A DISTANCE OF 290.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 550.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 33' 09" WEST, A DISTANCE OF 25.00 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1076.76 FEET , A CENTRAL ANGLE OF 22' 22 I 57", AND AN ARC LENGTH OF 420.63 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 395.40 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 01' 33' 09" WEST I A DISTANCE OF 145.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 50.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 33 I 09" WEST, A DISTANCE OF 727.50 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 25.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 33' 09" WEST, A DISTANCE OF 147.50 FEET TO A POINT~ THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 25.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 33' 09" WEST, A DISTANCE OF 585.00 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 380.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 33' 09" WEST, A DISTANCE OF 145.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 88' 26' 13" EAST, A DISTANCE OF 1530.75 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 34' 16" WEST, A DISTANCE OF 760.00 FEET TO A POINT; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 340.36 FEET, A CENTRAL ANGLE OF 8' 26' 51" I A CHORD BEARING OF NORTH 84' 12' 19" EAST, AND AN ARC DISTANCE OF 50.18 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 34' 16" WEST, A DISTANCE OF 136.30 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 88' 26' 13" WEST, A DISTANCE OF 50,00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH l' 34' 16" WEST, A DISTANCE OF 110.00 FEET TO A POINT; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 352.92 FEET, A CENTRAL ANGLE OF 25' 09' 08", A CORD BEARING OF NORTH 17' 38' 32" EAST, AND AN ARC DISTANCE OF 154.93 FEET TO A POINT; THENCE WITH A BEARING OF SOUTH l' 34' 16" EAST, ALONG THE EAST SECTION LINE OF SAID SEC- crTION 29, A DISTANCE OF 3373.49 FEET MORE OR LESS TO THE POINT OF BEGINNING. CJ ..0 LESS THE RIGHT-OF-WAY TO THE CITY OF BOYNTON BEACH, AS RECORDED IN O. R. C)BOOK 3002, PAGE 916 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. n.. a r o Ln CD . " " ~p ARCEL 2: BEING A PART OF SECTION 29 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH. COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 804, AT THE MOST NORTHERLY CORNER OF LOT 41, BLOCK 2, PALM BEACH LEISUREVILLE, ACCORDING TO THE PLAT THEREOF, ON RECORD IN PLAT BOOK 28, PAGE 220 AND 221, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE NORTH 72' 02' 36" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 75.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1857.08 FEET AND A CENTRAL ANGLE OF 3' 59' 57"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 129.62 FEET; THENCI;: SOUTH 1. 34' 54" EAST ALONG THE EAST LINE OF LAKE BOYNTON ESTATES PLAT 4A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 1098.03 FEET; ,THENCE NORTH 88' 24' 30" EAST A DISTANCE OF 126.20 FEET; ;THENCE SOUTH 01' ).6' 09" EAST A DISTANCE OF 145.33 FEET TO THE NORTHEAST CORNER OF LOT 7, B'LOCK 2, AFOREMENTIONED PLAT OF PALM BEACH LEISUREVILLE; THENCE SOUTH 87w 59' 27" WEST A DISTANCE OF 330.70 FEET TO THE SOUTHEAST CORNER OF L.OT 22, BLOCK 2, SAID PLAT OF PALM BEACH LEISUREVILLE; THENCE NORTH 01~ 12' 55" WEST A DISTANCE OF 1192.46 FEET TO THE POINT OF BEGINNING. [,; .1 I I CJ -f -Ll o a.... o r- Cl tn CO -i ~ -0 o n.- O r o L.fI CO , ..,.. " {";'y-, . .... ~:,. . /;i'(PARCEL' 3 Lot 5, Block 5, LAKE BOYNTON ESTATES, Plat the Plat thereof as recorded in Plat Book 13, Records of Palm Beach County, florida. . I, according to Page 32, Public RECORD VERIFIED PALM BEACH COUNTY, FLA. JOHN B. DUN!<LE CLERK CIRCUIT COURT RESOLUTICN NO. 90-11/ A RFSOWTICN OF THE CITY OF OOYNI'ON BEACH, FIDRIDA APPROVING T~ li'IWAL or ,,li,'T' FOR SHOPPES OF WOOLBRIGHT ,-.PoC TL;- PART OF WOOLBRIGHT PLAc.t; .t'.U.D., BErN: A_~ REPLAT OF A PORTION OF LAKE OOYNI'ON ESTATES PLAT #3 J.S PREVIOUSLY RECORDED IN PAlM BEACH ca.JNTY RECORDS PLAT BCX)K # 13, PJlGE # 53, TC:X:;ErHER WITH A PARCEL OF LAND SI'IUATED IN SEcrICN 29, TOWNSHIP 45 scum, RANGE 43 EAST, CITY OF OOYNTON BEACH, PAL'1 BEACH ca.JNTY WHEREAS, clean irrevocable letters of credit in the amount of $ 1,013,689.00 is being held according to City Ordinances to insure that subdivision improvements are installed, canpleted and paid for in accor- dance with applicable requirements, and, WHEREAS, monies in the amount of $ 20, 400.00 have been recieved by the City for the funding of street light services within said P.C.D. and, WHEREAS, administration fees in the amount of $26,636.00 have been received. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY CCMMISSICN OF THE CITY OF OOYNI'ON BEACH, FlDRIDA: That the plat is hereby resolved to have received final plat approval by the City Carrnission in the City of Boynton Beach, Florida, with all conditions previously agreed upon and subject subdivision is hereby affinned and adopted. PASSED AND AOOPI'ED THIS / day of /JI /1 ~ , 1990 f CITY OF )~NTON BEACH, FIDRIDA ~_/. _/-- / //' / . 1./' /~ /" By;-' v~~., U;( v--Il '. 1 Mayor ..- ~ ~@J\.~ cO!ffiiriooer ~/', "-L" ~ ' ,--;;<AI.'(/ i' i .( ,i /(1'-" -:--.q ...._ . . .- ~ ~',; " ( __ _/ ~ 1.,... '- .;;? ,- Camrissioner tsi ( . ; L L, <, Carmissioner / . I / , . ~ . '.' - / { <: ~/~ .... ATTEST: '~-""'/YeW:~/-<o/ ./ Ci Clerk (Corp. Seal) ArFI[lA'..:r'r ST~TE or PLORIOA r.--I." ... ... COUUTY Of' PALH OSAell BEFORE HE THIS DA\' f"ERSOUALLY A pr"'EA RED DEVRA NEWELL SWORN, DEPOSES AUD SAYS: WHO BEl14G nUL '.t' Tha.t the accompanying P:copeTty Owners L~Bt. :lB, 't.o 't.he bee't. o:f his/her know~edge, a c01'llp~e't.e arid E:lCcu:c c.'t.t:" 1 iE,"t o:f a~l. proper't.y ovner"s, mail:i.ng add:cescea and p:cope:c'lj' con't.To~ numbers as recorded :i.n the l.a't.eat. a:J::J::i.c:i.al. t.ax rol.~B in the County Cour't.hause :J:or al~ prop.rt.y wit.hin ..t.hre-e f......nuj~d \ .:\~ :feet o:f. -t.he hela.... described parcel. c..:J: 1. end. -tt.'{) The property in quee-t.ian :i.1::l l.ega~l.y described as :1.'cd.luwES: ~QJL Cl-~~ ~~~ QL>~,(')L~D0 5\101.- n A. D. , to and subscribed 1'3;a, fud Q ~~J_' cQ_Q <SIGHA U(E) before me t.his /?~ day of ~ FURTHER AFFIAUT :::iAYETH UDT. 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'0 .tr:1 OJ 00 rt I'd III ...... :3 tIl Cll III o ::r n o C ::I rt '< t1 l'j en n ::0 H I'd 1-3 H o Z ~ U1 en o C rt ::r ::0 III ::I <C CD 01>- W ORDINANCE NO. 89-39 II 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. --t- i! 1 i 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 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, i i I i City of Boynton Beach, Florida for the purpose of rezoning certain parcels of land consisting of approximately 28.8455 I i' ! I acres (t ) located wi thin the municipal limits of said City, said property being more particularly described hereinafter, \) from R-1A (Single Family Residential District), R-3 ." ... ~" '\:} ',) < ,~. ) (Multiple-Family Dwelling District) and C-2 (Neighborhood Conunercial District) to Planned Conunercial Development; WHEREAS, the City conunission entered into a Stipulation and Settlement Agreement which waa approved by Judge 1 !I Rudnick's Order Approving Settlement Agreement on November I I I I I -r ! I 6, 1986, and subject to a further Order by Judge Rudnick on 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 , I Circuit on the 31st day of October, 1989, issued an order .1 I' , I amending the City's 1986 Comprehensive Plan in conformance wi th the above mentioned Stipulation and Settlement Agreement. - Said being and attached hereto Order incorporated herein, NOW, TBERBFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TBB CITY OF 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 I' I , I I' R-3 (Multiple-Family Dwelling Residential District) ; i i District), and C-2 (Neighborhood Commercial District) to Planned Commercial Development, which use is determined to i i , : be appropriate under the circumstances agreed upon by the : I ,I !/ Ci ty in said Stipulation and Settlement Agreement and in : ! conformi ty with the Comprehensi ve Plan of the Ci ty of Boynton Beach, Florida. Section 2. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. 2 II !, I I I i i I I I I I I I I , --j- ! ~ I, 'I II :1 I, 'I section 3. That the application of the owners and agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Commercial Development (PCD) specifically in accordance with aforementioned the 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 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 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 construct an additional 121,000 square feet of commercial I: I i I ; ! I 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 II report, attached hereto and incorporated herein, subject to !' final approval or modification of ..i4 reports' findings by the City Commission on November 7, 1989. Section 5. That all . ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3 ,I " Section 6. Should any section or provision of this ordinance or portion hereof, , i : i , I any paragraph, sentence, or " word be declared by a court of competent jurisdiction to be invalid, or should any Section of this Ordinance not become I :i effective for any reason, such decision shall not affect the remainder of this ordinance. --, 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/sT day of i d1; ~y , 1989. : ! ! , I " I! II ,I 11 Ii : i : I ATTEST: ~J~ City rk , i I I Ii (Corporate Seal) 4 .. EXHIBIT 'iA" L[CAl O[SCRI"IO"~ T~ACT -I .'. A 'OITION'OF.flOCU H, 50 AHD " Of LAU 10UTON [SUHS, HAl ), ACCOROIMG TO 'H[ 'lA' TH[R[Or AS ~(CORO[D IN PLAT lOOK I), PAG[ 5J Of THl PUlllC A(COROS OF 'Al" IlACH COUHIY, fLORIOA.' TO&EIH[' WITH A 'OAIION Of HCIION 29, TOWHSHIP U SOttlH, RAIlGt 41 UI .. .'AL.K Il,HK COUNTf, HORIDA, HOAI 'A~IICULARLY DlSClIIED AS fOlLOWSI . . . . . . <OH~[HCI"C AT 'H( SoUTHlASI CORN[R or SAID S(erION 't; rH~"C( S. 18- or' ll- W., ALONG THI SOUTH LIH( T"(RIor. A DISIANCE Of 11)1."'[[1; TH[NC( N. 01- ))' 4}- W., A DISTANCE or 125.94 F[IT 10 AN INT[RS[C'10N WITW TH( NORIN LIN[ OF THAI 70.00 FOOl ORAINAC[ RIG"T-OF-WAT, AS SHOWN OM lHAT FLORIDA OEPA.TH(NI or IRAHSPORIATION RIGHI-Of-WAY HAP Of 1-95 (WOOl.RICHT AY(NU() JO' HO. 9)lZO-Z41I, SH[[T 21 AHO TN[ POINT Of 'IGINNING Of T"IS O[SeAI,IIOH; TH[HC[ CONIINU[ H. 01- ))' 47- W., SAID LINe I(IN& FURIHIR O(SCRI'[O AS 10.00 rE[T W(SI or AND PA~ALL(L WIIH. IHE (AST LIN( or lOT TC. IlOCI ~I or SAID LAIE 10'NION [STATES PLAT ), A DISIANC( or 442.55 F((T 10 A POINI OF INI[RSECIION VIIH IHE NOATH LINE Of SAID IlOCK SO; TH[HC( HDAIHWESTlRlT ALONG IH( ARC Of A CURVE TO THE LEfT HAYIHG A IAOIUS or 1750.00 fE[T, A ClHIRAL ANGLl Of 11- 19':)4~. AN ARC OISTANCE )51.0J rEEl; TH[HCr 5, 18- 16' I). W., A DISTAIIC['O[U3.81 HU 10 A 'DUll or I~T[RS(elIDH WI~M TH[ [ASTlALY RICHI-Of-WA~"I"E or THE lAK( WORTH DRAINAGE OISTalCI CANAL E-4 AS DESCA11ED IN QUIT~ClAf~ 0[[0 TO-LAKE WORIH DRAINAGE DISTRICT AHD RECORDED IN orflCIAl RECORDS lOOK 2146, PACE 116. or THE PUlllC RlCOROS Of rAlH lEACH COUNTY," FLORIDA; TH[NCE S. 20- 54' 51- [., ALONG SAID EAST RIGHI-Or-WAY lINEr:A OISIANCE or 650.68 fEll; THEMCE S. 00- 14' ,,- w. CONTINUING ALONG SAlo EASI RIGHT-Of-WAY llM[, A DIST"_CE Of 191.92 f(lT TO A POIHT or INTERSECTION WITH SAID HOaTH LIME or WOOL.IICHI ROAD DRAINACE AIGHI-Or-VAY; T"EHCE N, 85-'45' )2- E., ALONG SAID HORIH liNE, A DISTANCE Of 310.27 fE[T TO THE rOINT Of BEGINNING. SAID LANDS SITUAIE IN 80YNION lEACH. rALH lEACH COUMIY. fLORIOA. COHTAI~IHC 1.0000 ACRES. HORE OR LESS, ( LEGAL DESCRIPTION: -TRACT 2" . A PORTION Of SECTIOtt 29., TOWNSIIIP 45 SOUTII. RANGE 4] EAST, PALH BEACH COUNTY, FLORIOA AND A paRTial OF "LAKE SOYNTON ESTATES PlAI J", AS RECORDED IN PLAT BOOK I], PAGE 5J Of THE PUBLIC RECORDS Of PALH BEACH COUNTY, fLORIDA, AND BEING HORE PARTICULARLY DESCRIBED AS fOLLOWS; COHHENCING AT THE SOUTHEAST CORNER OF SAID SECTlal 29, TOwttSHIP 4S SOUTH, RANGE 43 EAST; THEttCE N. 01- )4' 16" W., ALONG TilE EAST LINE Of SAID SECTION 29, A DISTANCE or 730.64 rEET ro n~ SOUTHEAST CORNER Of LOT 4, BLOCK 47 Of 51.10 "LAKE BOYNTON ESTATES PLAT 3" AND TH( POINT OF BEGINNING Of' THIS DESCRIPTION: TIIENCE S. B8- 25' 44" W., AlONG THE SOUTH liNE THEREOF. A DISTANCE OF 50.00 FEET; THENCE S. 01- 34' 16" E. ALONG THE EAST LINE Of LOT 2, BLOCK 47 AND LOT S BLOCK 48, A DISTANCE OF 290,00 Fur TO THE SOUTHEAST CORNER Of SAID LOT 5; '"ENCE S. AS- 25' 44- W. ALONG THE SOUTH LINE or SAID LOT 5, A DISTANCE OF 50.00 FEET; THENCE S. 01- 34' 16- E. ALONG THE EAST LINE or LOT I, BLOCK 48 AND LOT 6, BLOCK 53, A DISTANCE Of 250.98 fEET TO AN INTERSECTION WITH THE NORTH LINE Of' THAT 70.00 FOOT DRAINAGE RIGHT-Of-WAY AS SHOWN ON THE FLORIDA DEPARTHENr OF TRANSPORTATlal RIGHT-Of-WAY HAP OF 1-95 WOOLBRIGHT AVENUE) JOB NO. 93220-2411, SHEET NO. 21; THEtlCE S. B9" 'SO' 25- W., ALONG SAID NORTH RIGIIT-Or-WAY LINE A DISTANCE OF 452.00 FEET; THENCE S. 77- 31' 21" W. COllTIHUING ALONG SAID NORTIl' RIGHT-Of-WAY LINE A DISTANCE Of 386.16 fEET; THENCE S. 85- 45' 32- ~: CONTIHUING ALON& SAID NORTH RIGHT-Of-WAY LINE, A DISTANCE Of 120.81 FEE'~ THENCE N. 01- 33' 47" E. ALONG THE EAST LlIIE Of LOT 14. BLOCK 51 AND LOT 14, 23, BLOCK SO or SAID "LAKE BOYNTON ESTATES PLAT J", A DISTANCE Of 438.8\ FEET TO A POIN' Of CURVATURE AT TIlE. HORTIIEAST CORHER Of LOT 14 OF 51.1.0 BLOCK SO; HiENCE NORTHWESTERLY ALONG TilE ARC OF A CURVE TO TIlE LEfT HAVING A RADIUS Of 1830.00 FEET, A CENTRAL ANGLE Of 17- 38' 50", AN ARC DISTANCE OF 563.64 fEO; TIIENCE II. 88- 26' 13"" C, A DISTANCE OF 513.01 rEET TO A POINT Of CURVATURE; TltElIC( ALONG TIlE ARC OF A CURV[ TO Tt4E RIGIIT IIAVING A RADIUS OF 1000.00 FEET, A CtNTRAL ANGLE or 10. 42' 04" AN ARC DISTANCE Of 186.77 f[ET TO A POINT or REVERSE C.URVATUIH; TIIENCE ALOIIG THE ARC Of ^ CURVE TO TilE LEfT IIAVIIlG A RADIUS or '000.'00 fEET, A CENTRAL AIIGlE or 10. 4Z' 04", AN ARC OISIAIICE or 186.77 fEET TO A POINT OF TANGEI/O; THENCE N. 8S" Z6' \)- L, A OISTAHCE or 193.JO FEET TO A rOl/lT Of INTERSECTION WITH nlE EAST LitlE OF SAID SECTIOH 29; TIIENCE S. 01. ]4' 16" E. ALOllG SAID EAST LINE A DISTANCE OF 350.00 rEET TO IHE POINT OF BEGINNING. SAID lANDS SITUATE IN BOYIITOII BEACH, PALH BEACH COUNTY. HORIDA. CONTAINING 21.8455 ACRES. HORE OR LESS.. ''-... s u ~ J [ C T TOE A <; E H ( ~j T S A tl 0 R! GifT S - 0 F - \.I ~ Y 0 F PEe 0 R G . .Jll!~""""" -- 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 / '-~. ''ll\JED R..... ~,' · Qel S'O 1919 erN ;..nORNi~ 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. / (". 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 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 nYllQ 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 HTradewinds projectH 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 31 . .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. 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 nYDQ.~ 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. DONE and ORDERED in chambers in West Palm Beach, Florida I this day of : , 1989. I S~.~ ~~ .;' j'~. " ': r C RCU~~:~:'I.M?R:~~..,.. '.. ( . ' _~';'I.:r!._ ......:. . . ) " 3 TRADEWINDS V. CITY OF BOYNTON BEACH CASE NO.: 86-3661 eCL) AE SERVICE LIST Tradewinds v. city of Boynton Beach Case No. 86-3661 eCL) A "'"~ 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 ':f. n1 ;cAo..J 73~Jf1f/ I ~O -, ( 7... u Sa. J.../w 1 * .1- ~""e 300 V P6, 'k, '3~~O~ '" 4 ". -, ..~ " . . 1 N r H~ 1.'1 _ .::-___~ l.UUH I w- 1111. 15TH JUDICIA ClkCUl r, IN I.NIJ FOR PALM &EACH CUUNTY, f-LuH 1 ul4 .. CASE NO: 86-Jbbl (CL) A . /. rL~RJOA bAR NO: 005419 TR~U~WINOS D~VELUPM~NT~ com,'uHAT ION, b"y 1 t. .ger.t, Kt::RAN J. KILDAY, Pl. i rlt i f t, .. .. \1'.1; TH~ CIT~ OF BOYNTON &EACH, Oefer,dar,t. I --------------------------.--- 5 r I PULAT I ON f~NO SG:TTL.EMENT AGREEMENT TRAOEWINOS DEV~LaPMENT CORPORATION .nd THE CITV OF E40fNIUI'I E4~ACH, by and through th.i~ und.r.ign.d .attorn.ys, Dtt.r s.~tl.M~nt ~pprov~l by the CIty C~uneil of lHE CITV OF &OYNTON . . Etr::~.CH, h~,'.by st lpulate .ir,d .gt.... .. fo110...., 1. TRADEWINDS DEVELOPMENT ,,'CORPOUATION, (h.rel n.ft .... (". "Gfe"t'ed to .. tlTRADEWINDSU) i. the d.v.lop.... '':Jt & p.t.cel .:.f pr.:.pe,.t y 1,:,cAt Itd in thll ~ i ty'.of Boynton a..ch, Florid... -. .:.. In .J ....''''...y, 1 '986, TRADEWINDS .ubMitted An ~ppl1cat1on to tho CITY OF ~OVNTQN &EACH (h.r.ln.fter referred to ...s the "el TV") to ...:.:-..... . p.t"c.l of pt"op.rty frol.. R-1A ( S H'!) III f.,,, 1 1 Y "..1 dent 1Al ) And R-3 (Multi-f.Mily reGid.n~i.l) t .;. a ~'1 _", r. etJ Un i t O.v.l opll1.nt . Thi. AppliCAtion .nd property .h~ll b. ".,f.",'ed t.:, h....l... ... the "Woolbright PIAc. P.U.D. It. 3. 0... M.t"ch 1.e, 1 C30G, the CITY d.nied TRAD~WIND5 li\ppllc:'i'tl':'t" t.:. ,"R:~.r.. the "W.:.olbt"ight PlAce P.U.D.... 4. A~ a result of the City'. d.niAI. TRADEWINU~ flIed d C ':'1,1 p 1 a H. t f .:.,' W.~ It.:. f Ce,~t l.:..~ar i .. gA i r,5 t t h. C I TV .:on Apt. ill "/ , 13BC whl~h is the subject Matte,.. of this .tipul.atlon. ~. In AdditIon, on April 1, 1986, TRADEWINDS .UbM~ttw~ .,., ",ppllCoAt l.::,n t.:- \;h. CITY t.':J r.z,;)n. .. p.a,'cel .::,f prop.,.ty f,..:'''' H- 1 A I ~ 1 r.g 1 a f ilhl1 1 Y "U"l eh..,..t 1.1 ) .. R-3 C "".&1 t & - f ~'.1l I Y .....1 d.".t lid I .. "I~ \.: -.:. (r.., IJI'\b,:.,.t',.;..;.d c:.;.,.",lfH"C' 1. 1 ) t .:. . ~'1 ..r."..d C.:.,,,,.,,, ,'C 1... I Oeve 1 ':'~,",Ier,t ( J:'" C. D. ) . ThiS p,'o:.p.,.ty cu..d appllcat 1':''', ..hall bu ,"cf,?""C:'J t.:. as th~ "W.:-.:.lb,'lght C~r.te" J:'.C.O. n. EXHIBIT HAil . ", b. (, 'l:ty this ~, IJ ~ 1 I Coil tiC' 1"" .) THH1>l::WINLJ:. A,lt..:, fa':".'ght L' ,. ch~rd,~L' Jr. the City's c.:.,.lp'.E.'I'hH.'..;.I..... l.nd '.ISIt p1.An. 7. 1h. W.:..:.lb'-I ~tlt Cllr,tvr P. C. U. .ppl.lcAt lc.n pt-ogt-.ssed , ;. ( th"':".'.gll thll Pl.r'I"'lr.q At'.d l':".lng Conu"i..lona iar.d the v."'io'J. b.:or'u'u ",. CO~Sldgr.tlon~ noc.ssary und.,.. the City's o,..d i ..'....IC.. Th..- .... Wo~lbrlght C.nt.,- P.C.D. ~ppllc.tion WA. eventu.lly schedul.d f~r fl~~l consld.rAtlon before th. City Council on July 14,. 198~. 8. At the c.:.r.c I..... ic.rl of the he.ring eon .1'.I1y 14, 1'~a6, 6 th~. CIty Council voted to postpone .nd t.ble conaid.,...tion of the \.I.:..:.lb.-lght Ce..,te," P.C.D. AppliCAtion ur,tl1 the litigAti.;,n of the ~ W.:,,:.lb'-Ight &:'lac. J:'.U.D. oilppllcAtion w.. termlr'Ated. ~. Subsequent th.,...to, on Septembe,.. 3, 1~a~, th. Clty ".Jectud a cOMprehens~ve settleM.nt offer M.de by TRAOEWINDS to th.. CIty. TRAOEWINDS t,....t.d th. rejection of it. ..ttlVMun~ oft~r by the City Council.. . ~.nial of the Woolb,..lght Center '. P.C.D. AppliCAtIon And o~ SepteMber 19, 1~a6, TRAOEWINDS '~l.d .n ~ddltl.:.,...l Writ of C.,..tiot".ri in 'h"i. .c.tion to i....clud. thGr de~lal Q~ the Woolbrioht Center p.e.D. appl ic.t ion. an Oc: t .:.ber" 7, 1 '~aC., the CITY Again conmide"'.d the p.e.D. -'ppllCAt io,.. ,al".d vote~ 3 to ~ t~ deny it. 1':'. 5ub..q'.ler.t t het".to, on Octob.r ao, 19uC" TR~OEWINDS, by .nd t ht".:.ugh it. . t t Ot......y, .ub",~tt.d' a c.;."'~:u-.hvr,ai'V. ..ttl.',1.nt pre.po..l to the city ..ttlir'D .11 w.tt.rs In co....trov.rsy .nd litigAtion b.tw..n th. City and T RADEW I NDS. Th. .ettleM.....t pr~po.Al W.. cont.in.d in a letter d.ted August 20, 1986 fron, F. M.,..tin Perry, At to,.r.ey T':),- T~ADCWINDS DEVELOPMENT .CORPORATION, to Kirk Fri.dl.nd, tipeclal cIty att~rney to THE CITY OF BOYNTON BEACH. A copy of saId l.:t.t..,- a 1':''''9 ....lth the e".cl.;.sur.a th.rcttc. is .att.ch.d he,.et.:o ~ EMhllHt "AU .,..d Ui speCIfICAlly inco'-p.:.....t.d he,-Slr. by ,'.fe,-e",c:u. II. 0,.., .:.," .br..ut Oc:tc.~.r iC:l, 1'386, the City CounCil c.t THE ClfV OF eOVNTON &EACH held a regYlarly schedul.d M.eting .t ~hlCh tlWE It conSIdered the Gettl.Ment prop~5..1. 1 :. -. Ht thL\t: t 1 ',.e, a Motion wa. Made t~ accept the ( 'l:. e t t J 1:-10''''''', t p,'r.. JJ':'!o a j L'S !.. t.'t. f .:..- t h 1 r, the Oc t r.. be ,_ '::':' , 1 '3U(;, 1 ,.t t fH" ~ 1':''''11 .... I t h t hll -' d~ 1 t I....'.... 1 ",-,cp., I ,-e",et'.t t h ~ t t h Cl t w'~. ':".' t -p."'C~ 1 ~ Ul: Ir,cl'l(::Jed Ir. th.... W.:..:.lbl'lQltl LL..,.tQl,- ~'.C.O. i\,..d th~t th&'y be 11"lJt~tJ ~ .4r ' ./ . f.:. ,- ,.,5. by . b.r.... .,g 1,..at ltUt 10,.. arid " q..,.&llty ait d.:.... '1 . '~.es t .'J,"ar.t. F 'J,,,t he,", the 'J~e of the o'.&t pa,'c~ 15 '1'" a f.st f ':0':' ,j ,"est-"J'''ar,t With drlvCf-lr. wlndclw. wa. eKp".lisly j. p,"r.,h 1 bIt eo. A t".",SC'''lpt .:;,f thft ., pa,.t -:;,f the meet lny deal ir.g with th., a. t t 1.',1.,..t p,"op,=,a.l la attached hereto as ~Khlblt "8" .nd I" splPcif'lcally lnco."p.:,rated he,"eln by reference. '" 13. The City Council by . 3 to ~ vote acc.pted thr. se t t 1 e',1.r,t prop~.al as sat forth in the pctober ~O, 1'386 letter' f"':'''1 'O-cAOEWINO!i alor.Q With the additional ."equu".r.,.nts th.t thE> two ~ut-p.rc.ls be includ.d in the P.C.D. and that they br> 11"'1 t.d for u.. by a banking in.titution and a quali~y .it d.~wrl t" e ,. t . '.& ,. . r. t . Fyrther, tho use of the out parc.l. tor . '.at fQod . r.~t~urant With drive-in window. wa. .Mpre.sly prohibited. 14. The Motion by the City Council to .cc.pt tnI' "." t 1 e'.1er.t p,.c.p.:, Ii a 1 a~o~g wi~h the additional ....qu I r.r"er.t. concerning t~e two out-par~.l. wa. in ....nc. a count.roffer of set t 1 e",er,t. . The terMS of said count~ro"e~ were .Mpr...ly agr..d t~ and accepted by TAAO~WINDS~through ~ts coun5al .t the October ~1. l~a~ Meetl~ga. evidenced by the transcrlpt 0' .aid Meeti~~. 15. A. SUCh, TRADEWINDS and the CITY hereby accept and ~ ~g'''.. to the t.r,.,. of the lett.,. dated Octob.r' 20, 1986 fror" F. 1f1&."\" t 1 1', ~'.r'.y to:. K 1 rk f"'''led 1 and, attAched hereto au EMhiblt "AU, a~ aMe~ded by the Motion. 1~. TRADEWINDS and the CITV her.by accept And approv. the Master pl.~ att.ached to the above referr.d let t e," arid ide~tified .as that certain ma.ter plan prepar.d by Kilday and A.SO~I.t.S bearina dra~ing number 8~-34, l..t r.vim.d on Octobwr 1~, 13ae.. 17. TRADEWINDS shall b. required and agrees to lnclYde " the two out-parcel. .nd to liMit ITI tht:! w.:..jlb'.I\Jht Cer.te," J:'. C. D. tn.". I,,~. t.:.,.. a b.ar.t.lr.y ir,.titutic,r. arid a slt d.:,wn q~'.al1ty ,'tts t .jl'J,'.r,t. I: '.U' tho,,,. th. 'Jae of' the O'Jt p...~qls f,:.," . t&u..t f';If~.d "~!tt,n'.It'C"'lt With d'''lve..lr, w,,.,d.:,.wa ia h."..by ."p,'w.sly pt'.;:'hlbltecl. 1 B. F.:.," p..". p':'~ tt!it .:.f' c 1 .a ,. 1 f 1 c.& t lor. .. t.cJ c:.:.,..vElr. 1 e r,et.., " he ( I t e,'h15 set f.:.,.th I r. the Oet.:.be,' 2':'. l'3Bf. lette.. ',...;..", F. M..,,'t 1 r. j:.C',.,.y t..:. t'd,-I- 1:"'~.dl&\r'.(I, ..'r,d &\cp'..d t,:, he,.. , r'" a,-. .'" f.jll.:.w'!.: 3 \ ~. A ....IL L"~ I LIi r ~'L. ~l.: E. S='. t.J. lJ. ~- .hw h'tIl\at.L'" pl..tr. , . . ~t t ~c:"h C'tJ rll.:" "td .:. ..H.d Ii' pp,..:.vetJ by t he p.'~ t l.~ '". t I ec t · : 1 A total of 520 dwelllng units located ~~ . 8s"~a7e. .e,'.s which eqra.atea t.j A gross density..:.' 6.00 dwellir"IQ ( ur.l t s pe,- ~c,~.. 2. A detached ~ingle f.Mily housing tr.~t c~nslstlng of 70 single family dw.lling units, . ..nd pirIe .. P"Rso,'vat I.:..... a,"oa arid oil .3. 76 ac.'. c.p.n spAc./p.ss i v. r.c.~..t i.:.n iar'eea w,'apped a"':".1r'.d t ha t p.:...~t i on of L.~.. _Boynt.jn Est ates ...h 1 ch b,:,,'d ers t he r'1.:;.~t h p,~o::.pe,..t y J i "1. of Tr.dewi nda. 3. A 4.5 .cr. lAk_, .ingl. 'anlil~ hOM.., and . ~and p,ne pr...rvation ~re. .. wetl as a 50 foot berM.d, fenc.d b."tre,' ...... b.t....an F'.l", eeach L.i.'.Ir.ville .t.:,nl.,. lYing adJac:er.t t.:. the S. W. 8th Stre.t raght-of-way and Trad.winda proposed '.1 r. I t u . 4. . , ]he r.conflQur.~ion of S.W. 8th Str.~t to cl."..ta .. T If'..t.....cta.:or. ""..thin the P"U.D. ~. I The Multi-faMily housing, which will b. l'f1ut",d t.:. tw.j ar.d th,~e. ,.to;"'Y condoMiniu.ns, is .ubst~ntlal1y 5vp~r~ted by ~lngi. faMlly h~M.. froM the single f~Mily how.. 1n Leis.....evLll. and L.~.. &o:.yl".t.~n E.tat... Et. INDUSTRIAL ACCESS ROAD AND NEW RAILWAV CROSSiNG: Th. andu.trial acc... road and n.w railway cro..~ng sh.l1 b. loeated a. recoMM.nd.d by Tr.dVWlnds tr.f'at." c.:...,...., I t .r.t a, Murray-Oudvck and As.oct.t.. and &arton-A.chM~~ & A.ac:.c::' l.at CIS, .a. r.flect.d on the attached ma.ter plan. "11. "~Ilr".:...d c.-.:.ssir.g at Oc...... o,-ive shall be closed. TRADEWINOS sh~ll wIthdraw Its ~bJections to Mrs. Winch.ster's cOMpr.h~nG1V~ P l C\r"1 allle....d'.,ItYlt ~ppl icoat i.:..... f.:.... the rOAd And the c,'ossing. c_ WOOLBR I GI.rr CENTER P. C. D. I There shall be ~ t ,:,t .., 1 .:. r I '~'3t ,)c)(, sq'.Ia,'e feet c.:,n. i at i r,g of 113, c)Oe) squar. feet .:. f ,.~tc\,1 a....d ~e., ':11:") sq'.'."" feet c., offlc. p.ark. Th i s "epl~.ua'r.t r. l'J'J,I:".":O sq.,.,". feat .:.,' f:'. C. D. on a~.64 .cres wh1ch eq~.t.s t~ 1~. 4 '" ~,t u C\:.V(..'I~.'\ge. I .i c. CON~IT10N& OF AP~ROVAL OF P.C.D. .~~ P.U.~.: 1. l"IlAOEWINDS .h.ll be b,:,'Jr".d .:.n1y by tl'le S. i0oi. ~\~r. ~l"l?,'l c~':'r""cJ...' H'lJt'\"h'Y RIPq..I,,'ehler.ts, Fal,' Sha,'e 11l1pact It .~ ~ . " - ..J ~ . f-4P&I'!:o arid C':''',Cl'Jltl.:.r.'j ~l't. ,..:.,'th c.n pages 25-.2t:i lr,cl'JiilVIt ~.f the' T,'~ 1; f u: h1p.Ct ~r..l y~ 1 S kep.:,,-t I;)n the ,:.v.r.ll W.:t.:d b,.l ght R,:..d ( s. w. 8th Str...t P....:.)&'cts p,-ep.u-.d 0,., ~p'''ll 1. 1986 by ~Ani.l N. M '.1 r' , - .. y , P. E'lo And ~fl .:.th.,. applicable .;.,.dU'I..r.c.~ of the City .:.f '. e..:.y....t.:.r, f:1.Ilc:h ,'.llltirIO t.:. the d.".lc:.prner,t c., the .It.. 2. Tht. .tipul.tion and ..ttl.me.t .greeMent or.hc'11 be subject only t~ the condition. in the Murr.y-Dudeck ,. ~ p.:.,' t ~s described herein, and .11 other appliCAble ordinanc.n ~f the CIty for developMent of the site. I,., this latter ,.vspect. c TradeWlnds .cknowledges that the Ctty cannot bind P.IM 8each Coynty .s to It. F.ir Sh.r. Tr.ffic IMpact F.e Ord~nAnc. .nd thAt T,.~~"w 1 r'ld~ ~h.l1 ba SYhJect to the Coynty'a IMpleMent.tlon of t h"", t .:.,"d 1 r,,anc.. 3. Thg City .gree. '0 suppleMent 4rlcJ 10:... .:\htlHld the Clty'. COfllp,,'eh.nsive Plan A,.lendhl.nt. and e"alu.at l-:;.r. ..lYI,:I r- . . be.~ ..nt ,to the D.partMent ~f eapp,..ls.l r.po,.t WhiCh have C~MMYnlty Affairs with appropriate d~euM.nt.tion to reflect the .greeMents conteMpl.ted hGrein. . . It. To the e"tent, that c,"din.ne.. ..lay b. ,..ql.' 1,'.d to iMpleMent 4ny of th... .ction., the City .gre.G to p,'e-p."'" aYld adopt any .nd all ordinanc.. n.c....ry to iMpleMent the tet."'s .;.., thl. ..ttl."l.nt. E. The part i.. agr.. to ...k an Order frOM tho c.:.,. t' t confln~ing and ratifying the agr..ment. The Cou,.t .hall t'liP t ~ 1 r. Jyrisdictlon over this matter and the partie. to in.u~e that bO'h par'l.~ adhftre to the terMS of thi. .tlpylation .~d settlewent eagr..Ment. F. TreadeWlnds .gr... th.t it wlll. ""'- 1. ReiMbur.e the City f~r .ny and ~ll .tt,:,,'r,eys fees .r'.d eHperl'ie.. it h.. 1r.curr.d in con.jur.ctl0r. with th~ pendIng litig~tlon wathin ten (10) d,ays of the rec.ipt of an ~r,"':'lC. sl,lb..q..,.,r.t t.:- the JlPl.,.c,,,,,l of the S:-.U.D. .. cor.t .r.,p 1..'\ t Ild hI:.' ,Oll!' 1 "". ~ " -. OellV.'. a full ar,d C'~."'pletliP t".leasR fl".:.h\ T "cHi e",,, rid 5, lts .:,fflC~"St d I ,'.ct ~.,' 5. 5 t .=,cl4 h.:. 1 de,'s t e'llp 1.:.yel?':S -"r.O/.:,., -"9Cl'r.t.s -"r.d "t"P"~"l.'r.l-"t Ives as t.::. ar.y -"r.d -,,11 -"c t l.:....,ta ';'1' C' -' ;, "- -"'... .:' t . ""'"' ~ . ':'YI wh. eta \ t .:.,. t hIPY fllAY "J..,. AgAlr..t thu Llly _:--ft> t ts' rr L"" "1"'" ":'.I'pl,:-v.es.. c.~n1lIJltarlt. ar.d/c.,. ~q~",t~ . r'\ 0 I .:.,' 0.\ Y. >' ':' . ._,' .. Co' ... ,- I y ( .r.~.n~ Oyt of the P.U.~. i t.:. th~ CLty IJpor. T,".qewLr.ds ,'eceipt .;.., thw "eq!Jisite eKec'.lted appl LCAt iClr,,;. Thili &h.ll be d.Jive,"ecJ .~ .:,,"d u".ar'.ces .:.1' App,'.:...,al' arId . i te pl.....J App,"ovAl i r. c.;..r, f .;..rm i t Y he,'vw, th. The releases ,;h.l1 be held in .5cr~w by the -."'Id till" S 1 9 r'.ed ,i\r.d delivered to thG City in AccordAn~. wlth .. thlS p,'.:.v L '!'o ..:.,.." A proposed torM .. AttAched hereto .. ~Mhabit Me". 3. Oeliver a full and cOMplet. rel..su troM rr"""dCw, rld~, its Qffice,'s, d i ,'.ctc.,,,., st.;)ckholders; ."lp l':'Y'J"~ .r.d/':'l' agorlt. ar,d ,...p'.....nt.tiv.. a.. to any and all actions .:.,.. c.yses of Action which it or they May hAve against the City ~nd/~r li\ny of Its offiCIalS, .Mploy.... consultants and/or agent. li\'"lS1t'.q .:....t P.C.D. .ppllcat ion.. Thia .hall b. d.llv.red to the Clty ypon TrAd.winds r.c~lPt of the requi.tt. wKecyted ordln~nce. .:.r o1pp,,,.:.v.l and sit. pl.... .pproval in confor"1ity her.with. The ("j . '. by th.'undersig~ed and d.l i ve,"ed ,"ele.". sh.all be h.ld 1 r. .sc,..;..w to the Caty in accordance with this provi.ion. A pr.:.posed f.:'i"m .. 1S ~ttached her.to as EMhlbi~ "D". G. Th. approvals conteMplated herein A. to the C,:'fllp,oeher.Slve Plan Ahl.nd..,.nt And the P.C.D. .h.ll b. sub.jac:t -:.nly to th~ succ...ful revIew o~ .the ComprehenSive Plan AMendment. by th~ O~partM.nt 0' COMMunity Af'airs. ~lr~ FrledlAnd, EGquire At t .:.f' t'1.Y 1'0'" De l' . r,d...., , In. Clty of Boynton ~e.ch Fl~gl.r Cent.r, Sutt. ~O~ 5':'1 ~':".l t h FL. 9 1.,. D,.1 v. . West ~.lM ~..ch, ~L 33401 F. M.rtin Perry & As.oc., P.A. Co-Coyn.el for ~laintit', Tradewinda DevelopMent Corp. ~1~ North Flagler Drive Suit. 701, Northbridge Centre West P.IM a.ach, FL 33401 !;v,l ::.L~~L~J~ i!. .1.\~J__ ~l~K FRIEOLANo,~saUlk~ ArId -""- f Klein & aer.n.~, P.A. At'ornwy. for Pl.~nti", Tradewinds DevalopMQnt Co~p. Flagl.r Center, Suite 503 ~Ol South Flagler Drlve W..t P.l'Il ~..ch, FL 334U1 IlY ~LL_ ~-'-_1M!kL_ tUHN ~ERANEK, L~UUIHE 6 . . L' ) -.-~ ". \ ". .' IN THE ~IRCUIT COURT OF THE l~TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ( . TRADEWJNOS DEVELOPMENT I COR~ORRTIONt by ita .gent, KERAN J. KILDA.Y," CASE NO. 86-3661 eCL' A -z.. OefendAnt. !:J . ...'" . ,~c: ~ ~ t'"') :1, ~::: .'. ~.;:e ,-C) -"J--, # - ;. c:::J . I: .:;:; ..... .....~: ;:.. . ~ j!). -; ~ n, ..;; ..., ~ " ". . Pl.int i ,t. va. -. THE CITY OF BOYNTON ~EACH. ORDER APPROVING SETTLEMENT AGREEMENT Q) .ea" "" ~ --- .r::; :tD? ....... -, .. . I --------~-----------~----~---- -. ~ THIS CAUSE CAm. on to be heard on th. Joint Motion for . Ord.r Approving S.ttlement AgreeMent flied by TRADEWINDS DEVELO~'MENT CORPORATION and THE CITY OF BOVNTON &EACH, and after consid.r-ing .aid Motion, the Stipulation and S.ttlement AgreeMent filed h.~.in, And the pArti.. h.~ing agreed'hereto, 1t i. ORDERED and ADJUDGED. 1. ThAt the Settlement Agreement entered into b.twee~ the S:'lAintiff, TRADEWINDS DEVELOPMENT CORPORATION, And the " . Def.ndAnt, THE CITV OF BOYNTON BEACH, i. hereby approved, confirn'ed And rAtified. A c:opy 0' the Stipulation and S.ttl.".....t Agre.Ment i. Attach.d her.to .. EMhibit "1" And i. .pecificAlly incorporAted in thi. Ord.r by re'erence. a. The Plai~ti", TRADEWINDS DEVELOPMENT COR~ORATI0N, .nd the O.fendant, THE CITY OF BOYNTON BEACH, .r. hereby order.d to comply with the Settlement Agre.ment. J. Thi. Court retain. juri.dic:tion of the!ie procm.dings .nd the' p.rtie. to enforce the term. of the Settlement Agr..men~.. ach, ---, 1986. .. ~~ ( Ccples f~rni.hedl Kirk Friedland, Eaquire 5~1 S~~th Flagler Orlv~ SYite ~uS, Flagler C~nt~r ~~st ~alM &each, FL 3~401 F. Martln ~erry & ASSoclat.. I: . , ~1~ North Flagler Drlv. 5~ltv 701, Northbridyu C~ntr. ~e.t ~alm &..Ch, FL 334ul John &.,...,.,.14,. Klein & &e,..an. 501 South Flag er Drive SUlt. ~03, Flagler Center W..t PalM BeaCh, FL 33~Ol P.A. d-~0'R' EXHIBIT "B" . . ." '.. ..,...-.... , ; IN THE CIRCUIT COURT OF THt fIFTEENTH JUIH CIAL ClkCUll OF FLORIDA. IN ANU Fl)k PALM UEACII COUNTY. CASE NO. 86-3661 eCL) A t . '" ;, TRADEWINDS DEVELOPMENT CORP.. by its ag~nt, KIERAN J. KILDAY. '. Plaintiff . V6. THE CITY OF BOYNTON BEACH. DefendanC. I ~ ORDER Thi. cause came on for con.ideration upon the Petitioner'. Hotion to Compel Compliance with Settlement Agreea.nt and the Court con.idering the evidence adduced. hearing argument of counael and being fully advised in the premiaea and nocins that the in.tant proceedings have not been .tayed although there ia pr...nely an appeal pendina in the. Fourth. Districe Court of Appeal. it i. thereupon (", CONSIDERED. ORDERED AND ADJUDGED that the Court granta the Hotion to Compel Compllanc~ with Settlement Agreement made by the Petitioner.. The Def.nda~t City shall proceed with the re-zonini process pursuant to the Stipulation of the partie. and shall adopt ordinances relative to the Planned Unit Development in conformity with the Settlement Agreement, The ordinances shall be scheduled for reading aa required by City Charter forthwith. The City of Boynton Beach ahall file the Comprehensive Plan Amendment regarding th~ relevant portion of thy Planned Commercial Development no lacer than thirty (30) daya from the date of this Order utilizing the documentation the Petltl~n~r provides within that time period. The Court not.. 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 1n its re-zon1ng process. Should the Department of Community Affairs indicate its approval of tht: Comprehensivw Plan Amendment. the City shall then adopt ordinances relative to the Planned Commercial Development in conformity with th~ Svttl~m~nt Agreement. Th" ord1nancMs shall b~ scheduled lor read1n~ as ( rl.'quirwd h)' tlu, C1c.)' l:1".'h.... llt ch:u t.lll\\:. Bn.."J ".n tll. S"tth..:..lolll Ar.fL'-I:.".nl. to r~quir~ Plaintiff to submit to new hearings and ne~ vot1n~ procedures ;If'l'rl'\'int-: 11", aploJit,'ll,'II:. ,...l.id. ""~r", eh,,: subj,.'"t ',( tll,,' S,,'lll~nll..nt Arrn.n"'1l1 wl'uld n:nf.lu it mc.....n1n~1~ss, The: City shall. tlu:rdCln:. comply fort h""ll t, witt. EXHIBIT "elf '\.. . ; .;.-- ,.,., ( , /. all oremaininl\ term. of th~ Settlem.nc Agre..ent. ... DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, thia J7 day of ~ t 1987. JJ.us~n 31. ~tubnich CIRCUIT JUDCE COpiV8 furnished: . Kirk Friedland, Esq., 501 S. Flaaler Drive,'Suite 505, W..t Pal. Beach. Fl. 33401 F. Hartin Perry, Esq., 515 N. Flaaler Drive, Suite 701, WeaC 'ala, Beach, Fl. 334~ John Beran.k, Eaq., 501 S. Flaaler Drive, Suite 503, W.at 'a1. a..ch, Fl. 33401 T.rr.ll K. Arlin., Eaq., 325 Cl...ti. Str..t, Suite B, W.at Pal. a..ch, Fl. 33401 . Loui. L. Williama, Eaq., P~O. Box 3887. W.at Pal. B.ach, Fl. 33402 " \ . ti I " CERTIFIED COpy OF CORPORATE RESOLUTION FOR SALE OF PROPERTY AND CORPORATE AFFIDAVIT OF TITLE AND LIENS THE UNDERSIGNED OFFICER OF HOUSING CAPITAL CORPORATION, (the "Corporation"), a corporation for profit, hereby certifies that the following is a true and correct copy of a resolution duly and unanimously adopted by the directors of the Corporation at a duly called meeting held on 0 t. +0'0 -e-r ~ I ' 1986, at which a quorum of directors were present and voting: BE IT RESOLVED, that the Corporation is hereby authorized to sell property located in Palm Beach County, Florida, more particularly described as: Lot 8, Block 39 of LAKE BOYNTON ESTATES PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 53 (the "Property"), in accordance with the terms of a written contract between the Corporation and Tradewinds Development Corp. (the "Buyer") which contract is dated May 20, 1985 and was thereafter assigned to Howard Scharlin, Trustee. BE IT FURTHER RESOLVED that the President or Vice-President of the Corporation be and they are each hereby authorized and directed to execute and deliver on behalf of the Corporation any and all deeds, affidavits, agreements, closing statements, assignments, and any other instruments and documents as may be necessary or required in order to sell the Property and conform to the terms of the contract of sale. I FURTHER CERTIFY that the foregoing directors resolution was duly and regularly enacted at a meeting of the board of directors called for that purpose and held in accordance with the articles of incorporation and by-laws of the Corporation and the laws of the state of incorporation; that the directors of the Corporation have full power and authority to bind the Corporation pursuant thereto; and that the resolution is in full force and effect as of the date of this Certificate and has not been altered, modified or rescinded. I FURTHER CERTIFY that the Corporation is the Owner of the Property and that the Property is free and clear of all liens, taxes, claims and encumbrances of every kind, except as set forth in the Deed and except for real estate and personal property taxes for the current tax year and any other year; and that there are no unpaid-for improvements, alterations, or repairs to the Property; and that there are no claims for labor or material fur- nished for repairing or improving the Property which remain unpaid; and that there are no mechanic's, materialman's or laborer's liens against the Property, nor has any work been per- formed or materials supplied to the Property contracted for by the Corporation, within the preceding 90 days, that has not been CJ paid for by the Corporation; and that the personal property, if un any, being sold to the Buyers is free and clear of all liens and CJ encumbrances; and that the Corporation knows of no violations of ~ Municipal Ordinances pertaining to the Property; and that no 0- judgment or decree has been entered in any court of Florida or rn the united States against the Corporation which remains unsatis- 00 fied; and that there are no matters pending against the CJ Corporation that could give rise to a lien that would attach to un the Property between the date of the disbursement of the proceeds 00 of sale and the date of recording of the deed; and the Corporation has not and will not execute any instrument which would adversely affect the title to the Property. -4 Ltl CJ --t 0- m 00 o LJ1 CD -2- I FURTHER CERTIFY that the Corporation is a domestic cor- poration organized pursuant to the laws of the District of Columbia, and that the Federal ID Tax Number for the Corporation is 52-1037960. This certification is partially made with the knowledge that the Buyer and the closing agent will rely on it to establish that the Corporation is not subject to the withholding tax provisions of the Foreign Investment in Real Property Tax Act ot the United states of America. I FURTHER CERTIFY that there is no person in possession of the property other than the Corporation and that there is not any claim for possession to the Property from any other person. I FURTHER CERTIFY that the transfer of the Property to the Buyer does not represent a sale by the Corporation of al or substantially all of the assets of the Corporation. I FURTHER CERTIFY that this affidavit is made for the pur- pose of inducing the Buyers to purchase the Property from the Corporation, and to induce the title insurance company to issue a title insurance policy. I FURTHER CERTIFY that I am familiar with the nature of oaths and with the penalties as provided by the laws of the aforesaid State for falsely swearing to statements made in an affidavit, and that we have read the facts of this affidavit, understand the~-fu~ly, ~n~_~~~ state that the facts are true. - (/~ ~ --'- .._'--~._--:-:, / ----- .----- ,~ STA'T'~ J)lS-rI2\C-\ ) ~TY-OF of GDLUH~(A I HEREBY CERTIFY that on this 3{ day of Oc.J-ob4 1986, before me, appeared: :::Ja..,.."es IM.Clve1r to me known to be the Pre 5 i d~ of the above named Corporation who executed the foregoing and acknowledged the same to me. . '.\ CC/lu- ~ vlt. r-/fe~3 Notary Public My Commission Expires: i 13>o(C1/ [NOTARY SEAL] :. l -; . . " GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS C E R T I F I CAT E THIS IS TO CERTIFY that there were received and accepted for record in the Department of Consumer and Regulatory Affairs, Cor p 0 rat ion s D i vis ion, 0 nth e / Sth day 0 f iI"a rch 19 ~, Articles of Incorporation of: HOUSING CAPITAL CORPORA'rION WB PURTHBR CERTIFY that the above named corporation is in good standing and is duly incorporated and eXisting under and by virtue of the Code of Laws of the District of Columbia and authorized to transact business in the District of Columbia as of the date mentioned below. IN TESTIMONY WHEREOF I have hereunto set my hand and caused the seal of this office to be affixed this 28th day of, nc-toOOr 19 Rh Donald G. Murray Acting Director ru U1 o -l a- m co o U1 co R. Benjamin Johnson Administrator Business Regulation Administration * * * - - ~ ~/};tJl'~?',:,,,,-, ~'-.{~:)"//:~:<:!<~:::::::;1, \'M'" C ....,.../ j." . '., ,,'..:,;Tj:.L"~"'I,Jt,G~:J.. jvliriam Hellen Jones / I .':sup,erj.ntendent of CotR?rat' ons Corporations Division 'u. -' Marion Barry, Jr. Mayor RECORD VERIFIEO PALM BEACH COUNTY, FLA. JOHN B. DUNKLE CLERK CIRCUIT COURT AGENDA DOCUMENTS MEMORANDUM TO: Sue Kruse, City Clerk FROM: James J. Golden, Senior City Planner DATE: April 23, 1990 SUBJECT: Rezoning and Land Use Element Amendment for Tradewinds Development Corporation Stipulation and Settlement Agreement Accompanying this memorandum you will find a copy of the application and related documentation for the following applications: 1. Woolbright Place PUD - Land Use Element Amendment for poinciana Park from Recreational to Moderate Density Residential. 2. Shoppes of Woolbright PCD - Rezoning from PUD w/LUI=5 to PCD. The fees for the above applications have been waived by the City Manager pursuant to the Stipulation and Settlement Agreement. Please advertise these requests for a public hearing before the Planning and Zoning Board at the June 12, 1990 meeting and before the City Commission at the June 19, 1990 meeting. The land use element amendment requires a map ad which you will find attached. '1 . .) (J /~ GOLDEN -.../ JJG:frb Enc 7A2 SHOPPES OF WOOLBRIGHT REZONING PLANNING DEPT. MEMORANDUM NO. 90-149 TO: Chairman & Members Planning & zoning Board THRU: Timothy P. Cannon rc Interim Planning Director DATE: May 16, 1990 SUBJECT: Shoppes of Woolbright - Rezoning Request - File No. 472 Kilday and Associates, agent for Tradewinds Development Corporation, property owner, is requesting that a 5.1871 acre parcel be rezoned from PUD w/LUI=5 to PCD (Planned Commercial Development District). The parcel is located north of the existing northern boundary for the Shoppes of Woolbright Planned Commercial Development, between the S.A.L. Railroad right-of-way and the L.W.D.D. E-4 Canal. The current land use category for this parcel, as shown on the Future Land Use Element of the Comprehensive Plan, is "Local Retail Commercial". This land use category was approved by the City Commission in connection with a Stipulation and Settlement Agreement for Tradewinds Development Corporation vs. the City of Boynton Beach, as outlined in Area 8. a of the Comprehensive Plan Future Land Use Element Support Documents and Attachment "D" of the Future Land Use Element Support Documents (see attached). The application for rezoning to PCD has been submitted in accordance with the requirements of the Stipulation and Settlement Agreement. Pursuant to Section 9.C.2(2) of Appendix A-Zoning, staff analysis of the proposed zoning is not necessary, where the proposed zoning would be consistent with the land use recommendations contained in the City of Boynton Beach Comprehensive Plan. f ~. J:;. {J . . ~LDEN JJG:frb Encs A:PM90-149 . --. required to submit an application for annexation. The City should permit Local Retail Commercial on the northern 225 of this property, in accordance with the adopted Boynton Beach Boulevard plan. The remainder of the property should be placed in the Moderate Density Residential land use category. Building heights on this property should be limited, however, to 2 stories (25 feet), since 1- and 2-story residences lie in close proximity to the south and southeast. 7.k. Unincorporated Parcels on South Side of Bovnton Beach Blvd. These parcels constitute an uniccrporated pocket which should be annexed. The first row of lots lying to the west of the present City limits, having an east-west dimension of approximately 300 feet should be placed in the General Commercial land use category and C-4 zoning district. These parcels should be required to dedicate right-of-\~ay and construct the adjacent street consistent with the requirements that were placed on the U.S. Post Office. The commercial parcels should be developed so as to be compatible with the future residential use of the property which lies to the west. Those parcels which lie further west should be placed in the High Density Residential land use category. Commercial development on this parcel should not be permitted since a single-family subdivision lies immediately to the west and adequate commercial property exists elsewhere in the vicinity. Furthermore, building heights on this parcel should be limited to 2 stores (25 feet) within 150 feet and 3 stories wlthin '100 feet of these Single-family lots. PLANNING AREA 8--S0UTHWEST QUADRANT OF CITY 8.a. Lake Bovnton Estates (language which was included in the draft Plan and support documents which were transmitted to the City Commission on October 17, 1989) ~R~s-~s-a-~~aetee-s~t-~ar~e~Y-~R~ffi~reYea-S~Ba~v~s~eR7-wfi~eR The northern portion of this subdivision is zoned primarily for single-family use, but includes multiple-family zoning along the eastern boundary, and Neighborhood Commercial zoning at the northern and southern ends. The southern portion of Lake Boynton Estates and several unplatted tracts lie within a Planned Unit Development (PUDl and Planned Commercial Development (PCDl. ~~ich are the subiect of court-ordered settlement stipulations. are e~rrefit~y-~fie-S~B~eet-e€-a-~aws~it concerning the land use and zoning for the area. On the northern portion of Lake B~ynton Estates the property, which is not within the PUD or PCD-efie s~B~ee~-e€-~Re-iawsH~~7 the land use for the R-1A zoned ~ortion should be changed from Moderate Density Residential tn ~ow Density Residen=ial, to reflect the existing zoning and pattern of development, and the land use for the R-3 zoned portion should be changed from High Density Residential to Medium Density Residential and R-2 zoning, again, to reflect the existing pattern of development. The parcel occupied by the American Legion , 91 Clubhouse along the SAL tracks should be placed in th~ Public and Private Governmental/Institutional land use category and Public Usage zoning district to reflect its current use. The land use aftd-zea*ft~-eft-~he-~ema*ftde~-eE-bake-Bey~~eft-EB~a~eB-a~a-ehe ~ft~~ateed-eMe~a~ee~s7-~hieh-~8-~he-SM~;eet-eE-the-iawsMit;-she~ia be-eva~~etea-de~end~n~-M~en-ehe-eMeeem~-e~-~he-~aws~i~;-i~-e~ee~ ee-deee~m~ne-if-ehe-e~*se*n~-~aftd-~se-ane-~enin~-a~e-a~~~e~~iaee~ FMreae~me~e7-the-~;%-~~eserva~ien-re~H*~emeft~-~e~-ehe-ewe-UAU ~aeed-ftat*ve-ha~*eat-site~-sfte~~e-ne~-~e-a~~~ied;-as-ien~-as-the ee~~e-e~dered-se*~~~a~*en-~e~ardift~-~he-zeftin~-eE-ehis-~~e~e~ey ~ema~fts-ift-e~feet~ The land use zoning, and use and/or development on the remainder of Lake Boynton Estates and the unplatted outparcels is the subject of litigation described in Appendix "D" to the Future Land Use Element Support Documents, and is to be governed by the court-ordered settlement stipulations which are or may be in effect for this area. The use and development of this property shall be construed to be governed by the Comprehensive Plan in effect on November 6, 1986 (i.e., the 1986 Evaluation and Appraisal Report), Code of Ordinance requirements, and other development regulations which were in effect at that part1cular date, except to the extent that the Comprehensive Plan, Code of Ordinance requirements, and development regulations are specifically superceeded by the settlement stipulations. Therefore, the public parks dedication, private recreation facilities, natural area preserves, road improvements, utilities, and other public facilities which are requir~d shall be those which are specified in the settlement stipulations, and the impact fees which are to be collected will be equivalent to the fees which were in effect at the time that the settlement stipulations went into effect. A history of the litigation involving this property is included as Attachement "D" to the Future Land Use Element Support Documents. S.b. Property on Northeast Corner of Golf Road and Conqress Ave. This parcel occupies approximately 4 acres and *s-~resene%y was formerlY shown in the Moderate Density Residential land use category and R-1AA (PUD) zoning district, which is the same as the adjacent Single-family portion of Boynton Beach Leisureville. ~h~s-~~e~erey-~s-ar~HaB%y-eens~seene-w~ea-~e%~e~es-~e~-eRe %eeae~eH-a~-eemme~e~a~-e~-B~~ft-aeHs~ey-res~aefte~a~-Hse,-hewever, *eeae~n~-eemme~e~a*-~ses-ae-eh~s-eerfter-WeH%a-See-a-~F~eeeeft~-fe~ eeffimere~a%-~eH~ft~-e~-~fie~rema~ft~H~-eRree-HftaeYe~e~ea-eeFfterS~ eemfflereia%-aeve~e~mene-ef-Eh~s-~neerseee~eft-WeH%a-a~se sHBseaHe~al~y-ehaR~e-efle-reS~aeft~~a*-eRarae~er-et-ERe He~~RBerfteed;-aHa-eeH~a-ereaee-~Raeee~eaB%e-%eYe!s-ef-Eraff1e7 %H-eraer-ee-~reeeee-eae-~es~defte~a~-eRaraeeer-e~-eHe-areaj-eae Heaeraee-BeHs~eY-ReS~aeHe~a%-!aHa-~se-eate~ery-~aeHla-~~Re~RHe7 This property is shown in the Office commercial land use cateGory on the Future Land Use Map. in accorddnce with the Settlenent and Stipulation AGreement between Milnor Corporation and the city (see Appendix "D" to the Future Land Use Element support Documents). This aGreement specifies that the property is to be dev,loped for offices. and includes specific conditions for the use aId development of the prop~rtv. The land use. 20n1n and th use and develo ment of this ~ro ert. shall be in accordance with ~he above-mentioned Settlement and Stipulation ~qrgement. 92' . .r 111......__ .UN.at:;J.A&. ClaCUIT OF ,.LO.IDA, I. .WD .. PAUl _ACH COUll". CI91L ACTt_ TRADEWINOS OEVELOPKENT CORP., by ita ag.nt. KIERAN J. KILDAY, Pla1nti~f v.. THE CITY OF BOYNTON BEACH, D.:t.ndant. C... .0.. CL "-:"1 AE JOSEPH KOLINA and LAKE BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC. . Cro..plaint.i:tt v.. TRADEVINOS DEVELOPMENT CORP., by it. agent, KIERAN J. KILDAY, and THE CITY OF BOYNTON BEACH, Cro..defendant. :. TRADEWINDS DEVELOPMENT CORP~, . a Florida Corporat.ion, Plaintiff, v.. c... m.. CL ..,-1&3a AI: THE CITY OF BOYNTON BEACH, a Florida Municipalit.y, et.. al, Defendant... ".IPUL.l.TlmI ...,.. """""'-JIll I. " . , . Plaint.if:t, TRADEVINDS DEVSLOP..-T COIP., i.. ~...-or. or a..ign. (hereinaft.er referred ~o .. .TlADlWI~-or · DEVELOPER. ) , and Defendant., CITY ,. IG'.~ .CACH (her.ina~terre:ferred to a. .CITY-), Aft .. "'or~ ~o re~lve any further contlict. and/or dt...~.. ~l.~A.. ~o the EXHIBIT -A- 1/24/9q ;'\" ..' .r..~;,.. ft,. ....y> :'.t ~ ;..;', . 1/24/90 implementation o~ the Stipulation and ..tt1...nt Agr....nt confirmed by this Court'. Order dated Hoveaber &, 1986 do hereby ~urther agree and stipulate a. ~ollo.al 1. For purpose. of d.finition in this 8tipulation, the vord u"- the aen.e of "Application. when in "TR~OEWIHDS. or "DEVELOPER. being required to .ub.tt an "Application" shall ..an an .pplication .ub.ttted in form andm.nner a. required b, the applioable and appropriate City Code or OrdinanGe. 2. The CITY ha. adopted a zoning ordinanc. approving the Planned Commercial Develop.ent Cher.inafter ret.rr.d to ~'" as "PCO") for that ,ar.. cont.aplated b, the 1986 Stipulation and Settl...nt Agr....nt. 3. The CITY will adopt a.z~ning ordinance approving PCD zoning for an additional 5.1 .,- aor. paro.l loaat.d immediately north of the PCD north.rn boundary a. depicted the 1986 Stlpulation and .S.ttl...nt in Agreement, lying .a.t.rly 01 the propo..d right-at-way of S.W. 8th Street" and acr. aoourat.l, d..cribed in ~. .! Exhibit. The CITY ag~ee. that .aid re.onlng ot the 5.1 ./ +/- parcel i. intended to i.pl....t the acre Comprehensive Plan a. a40pted by the City ot loynton attach described Paragraph 21 01 this a. in Stipulation and Settl...nt. 4. The CITY ha. included a ..parate provision in the zoning ordinance providing tor an .dditional 121,000 square feet of retail gro...l....bl. floor .r... In doing so, .the CITY acknowledg_ .n4 .gr_,_ th.t. no additional aitigation with re.p.at to ollait. road improvement.. i. n.c....ry lor tbe additional aquare footage. ~. Upon 8ub.i..ion of an application by the Developer, the CITY agre.. to approve a r..i.-4 ...t.r plan lor the Planned Unit Develop.ent (h.r.ift.~ter r.~.rred ta a. "PUOW) to p.rmit up to a tatal a~ 600 .ult1-~a.ily units in lieu of a .ixt~re at 450 sulti-f..ily and 70 -2- .... .."'. . . .~~\;:~ ., :j'I' single :family uni t.. In doing aO', . the City acknowledge. and agr.e. that the 500 .ulti-~a.ily unit. do not have any additional i.paat abo.. the preYioualy approved mixture o~ multi-~a.il, and atngle ~a.ily units totalling ~20 re.idential unit. and that no additional mitigation relative to per10raana. atandard. is necessary ~or the additional unit.. 6. Upon application .ubmitted by the De.eloper, ~he CITY agrees to approve ~ev~.ion. to bot~ the P.U.D. and P. C. D. Ka.ter Plan.' expeditioual, aa _ to not inter~er., hinder, or delay the r~uired per.itting ~or the construction o~ the P.C.D. and/or P.U.D. and/or any *70 parts thereo~. The CITY agree. that TRADEWIMD8 .hall be per.ttted to , . modi~y the P.U.D. K..ter Plan to aoao-.odat. up to 600 multi-~amily units. The CITY ~urth.r agr... that .uah P. U. D. modi~ication.( i. e. up to aoo IlUlti-1a.il~ unita) iSt (a) 1n accord with all curr.nt City regulation. .ubject to the require.ent. of aourt ordered . .i: stipulation. which are. or .ay be i. .Ifeat. Cb) ia consistent with the apirit and purpo8e of the Comprehensive PlanJ' and (c) doe. not, in the City Comm1s.ion~s deter.ination, con.titute a .ub.tantial change from the PUD apprOYH 1n the original Stipulation, thereby precluding the n.ed to rezone the P. U. D. The CITY ~urther agre.. to .xpeditioualy process application. .ub.itted by the DEVELOPER for the modi~ic.tion o~ the P.U.D. ao a. not to int.rlere, hinder, . or delay the required per.ltting for the construction o~ the P.U.D. or an, part thereot. Also, the CITY agree. to proo... and .pprove .uah Kaster Plan modification or portion thereof within a maximum o~ .ixty (60) daya fro. the date o~ a co.plete application by TRADEWINDS or a auaae.aor in title or agent thereo:f . HO~1fith.tandincr t.he .toregoing~ TQADEWINDS .hall be required to co.ply with all .a.ter plan applicaton require.enta not oth.rwia. aoditied by Court Order. in this aau.e or thi. Stipulation. . 1/24/90 -3- .' . '., 1/24/90 8. The LITY agrees ~hat upon lI!ub.itt.l a~ an applioation by the DEVELOPER it. .hall approve the aodifi.d the P. C. D. Kas~er Plan to aooa.lIOdate the additional .quare :footage and ~.1 .1- aor.. 01 p.e.D. soning previou.ly discussed, up to and inoluding a tot..l of 320,000 square ~e.t o~ retail gro.. l....bl. 11001" are.. The CITY :furt.her agree. to expeditiou.ly approy. the Haster Plan .odifica~ion .nd reaon. the pre.iou.ly discussed S.l .1- acre paro.l to p.e.D. .0 .. not to inter~ere, hinder, or d.lay the required per.it.ting for construction o~ the p.e.D. or any part. thereof. l' Further, the CITY agree. to prooe.. .nd .pprav. .uch rezoning Ma.ter Plan aodi11o.tion or portion a maxf-u. of .iMty (60) d.y. of and thereo:f within submission of the co~pl~te applioation by T.'DIV%IDS, a successor in inter.at, or an ag.nt thereof. 9. The CITY agree. that TRADEVINDS .h.ll be ent.itled to an additional curb cut on S.W. 8th Street locat.d bet...n Woolbright Road and . t.h. pri_r, IIbopping cent.r '. .' entrance, de.igned to .acco.lIOdat. .nt.ring right-turn .i traffic only and to b. oon.tructed in acoord.nc. .ith City Code. 10. TRADEWIHDS .hall b. per.itted to relocat. and/or ~dify the .ize and configuration of park. .nd open .paae requirement.. during the P.U.D. I..t.r 'lan lodifio.tion proce.., provided that p.rk dedication. ...t the requirement.. the .ubcli"i.ion and platting of regulations in effect a. of Mov.aber 1~, .nd th.t. any public . parka which .re decU.aated ....11 be' of. a configuration which .uitabl. for n.ighborhood 1. recreation ~acilitie.. Furt.her, TRADIVIKOS .hall have the right to .ati.fy public p.rk. require..nt. out.ids t.he boundari.. 01 t.he P. U. D., provided,. ho.ev.r, t.hat 1n such event the park., including Poinolan. Park, .hall be located within the .djaceft~ L.k. 8aynton Es~.te. Subdivi.ion or~ adjacent to ..id .ubdlvi.lon. TRADEWIHDS .h.ll be' entit.l.d t.o . aredi~ .gain.t. eity p.rk r.quirement. ~or Poinciana Park reg.rdl... of it. -4- . '.'-'''~r. ; .~ to,' .'j 1/24/90 location within or without the bo~ndar~.. o~ the Furth~r, if Poinoiana Park i. r.laaated th.n P.U.O. the spac~ it currently ocavpi.. .ball be convey.d to , TRAOEWINDS without aoneid.ration and .., be v..d for multi-family r..identi.l purpo.... In .uah ev.nt .nd if it is determined th.t . Co.pr.henaiv. Plan '..nd.ent io required to u.. the .xi.tfng park property for aulti- family residential purpo..., then the CITY .hall a..nd its Comprehen.ive Pl.n in aocordanc. witb Cb. 1&3.3187 (1) (c)~ Florida Statute., within .1.t, (60) daya or other mini.um time which ..~. b. n.oe..ary to co.ply with the requirem.nt. o~ Florida La., fro. the date o~ the receipt of an applioation th.refor b, TRADEVIMDS. In the event it is deter~ined that a Coapr.h.n.i.. Plan Amendment pur.uant ~o Ch. 163.3187 (1t (at, Florida Statute., is requir.d to u.. ..iating park property far multi-family r..idential ua., the Cit, agr... to reserve sufficient acr.ag. pur.vant to Cb. 163.3187 (1) (c) la., Florida S~atu~.., to a..ad the Coapre.en.iv. ... .:, for .'aid ..iatine park proa-rt, to Plan De.ign.tion , multi-f.mily r..id.ntial land u.., &ad, if.neaea.ary, agree. to adopt appropriate ordina~oeC.) to .n accompli.h any .uah ...nd..nt. 11. The CITY agr... that Ho.. D.pot i. tftten~ to be an integral part of a plann.d ahopping oenter d..tgned and con.tructed .. . .ingl. building. Aaaordingly, the CITY agr... that, wh.n con.truated, the r..aiader ot the .hopping center .hall be dir.ctly attached to the Home Depot building .0 a. to ..intain a continuou., uninterrupted without an, . open .paoe, .truoture vehicular use .r.... or any oth.r phy.ioal ..paration whateo.v.r betv.en the Ho.. D.pot and tb. r..ai~d.r ot the .hopping center. 'Further, the CIT~ agr... that the r.ta1l to the Home Depot Gard.n Center. Th. Ho.. Depot -:5- ). ::,\~r... ., ..;a~ . :.;.""" . 140" 1/24/90 and adjacent. ret.ail .h.ll b. .aonitt.ruot.ed at Construction Typ. IV, unprot.ect.ed, non-oo.bu.t.ibl. const.ruction Ca. d..crib.d in Tabl.. 400 .nd 600), equipped vit.h an approv.d aut.o..tia .prinkl.r .,.t.e., building.. shall .t.or, 1n h.igbt. wit.h t.h. be one roo~ not. t.o .xc..d t.hirt.y-tiv. t..t. (35') ~n h.ight. .nd shall be .urround.d on all .ide. by a p.r.an.nt. open .pac. of not 1... than 60 feet.. Under thl. .r.a .odi~icat.ion. the b~11d1ng ood. doe. not. 11.it. the amount. o! .quar. foot.age.that. aan be aon.t.ruot..d a. p.r t.h. approv.d .it.. plan. 12. Th. CITY agr... that Ho.. Depot ahall be pe...ltted to provide an out.door gard.n aente.. .. an aao~~ry u.., and .aid c.nt.... .ball not be inoluded .. . t.hat. gard.n part. a! the r.t.il grq.. .l....bl. .r.a. 13. The CITY .gr... to.p.r.it. the ....llgn..n\ of tb. S.V. 8th Stre.t T~int.r..otion during 'h. P.U.D. ...'.r Pl.n modification .. to .li.in.t. t.he T- proc... .0 inter.ect.ion .nd r.pl.c. .... with . continuous .'/ uninterrupt.d S. W. 8th St-r..t. 14. The CITY agr... to approv. the r..latll.. of ~he P.U.D. .nd P.C.D. upon .pplic.tion ther.fo.. b, TRADIWI.D8 .nd vill proc... .... exp.ditiou.ly .0 .. act to int.erter.. hinder d.lay t.he required per.itt.ing tor or construction of the p.e.D. . and lor the P.U.D. .nd/or any p.rt... ther.of. The CITY further agr... that. upon receipt o~ application. a. required by .ppiic.ble ordin.nc.... it .hall . ..peditlou.ly .pp..ov. t.he P. C. D. 'and Pla... .nd' 81t. 'Plan. P. U. D. "a.t..r reg.rdle.. of .t.t.u. of t.h. P.C.D. .nd P.U.D. t.he Plats. TRADEWIHDS, .hall' be requi..ed t.o bond .lr required aubdivision i.prov.....t. lnoludlng on and of 1- site road pur.ullDt City Code i..prove.ent.. to provi.ion.. lS. The CITY agr... t.hat .11. olt-.it. i8p..o....nt. requir.d . . t.o. be pur.u.nt to Lev. 1 o~ Servic. imp.te..nt.d r.quirement.. .p.cifi.d. by ~h. 1'" .tipula~ion and Settlement Agr....nt .h.l1 be i.pl...nted in ph.... -6- 'l!.",~,. , 1/24/90 . 1n conjunction with pr...nt/1u~ur. FloTlda D.par~..nt of Transportation planning. 8,.oif10a11y, the City agrees that the off-.it. i.pra....at. .hal1 not b. required to b. impl...nt.d in tot.l prior ~o the permitting of the fir.~ ph.... 01 the P.C.D. and/or the P. U. D. TRADEWINDS agree. ~o .ub.i~ a t1..tabl. for ~h. completion of the off-.it. road 1.proY...n~a and agr... to bond .... in tot.l vi~h the fir.t plat of ~h. p.e.D. and/or P.U.D. unle.~ a ph.aing plan, aub.itt.d in accordance Paragraph Tw.n~y (20) below i. with approved. ... 16. The CITY agr... ~hat 01f-.1t. traffia i.pro....nt. shall be con.tructed and'bond~ by tbe DKYELOPIa which shall be .pecified t'" aartan-Aaah.ann a. in A..ociate., Inc. Traf~io R.par~ d.ted J..ua~y 23, 1990, a copy of ~hich 1. at~ached h.r.ta a. ..bibit ... and made . part hereot. The 'City .180 bereby agree. that Exhibit wB- i. her.by .ub.~1~u~~ for and r.pl.ae. all other t.raffic report'. .ub.itlN by pr..iou.ly .', Trade"inds. The C~TY : acknawlNgeII, aftd re...._t. agr.e. that. all develop..nt aont.apl.ted by ~hi. Stipulat.ion .nd any 'pr1or Agr.....t. aad Stipul.tion., "hether confir.ed by Court Order or not, b.. been . revie"ed and approv.d by the CITY 10r ao.plianoe "ith all existing cod.., ordinana.. .nd r..ul.~lon. of the City of Boynton Seach and tb.t .... .r. v..t~ a. at November 1986. Furth.r, the part i.. .gr.. that they vill jointly and vigorou.ly def.nd an, .atian braug~t by any party challenging the ...ted .ta~u. of 'th..e approval.. provided, how.ver, th.t TaADEWI.OS agr.e. to bear the co.t at any .uoh d.'.n... 17. Th. CITY agr.es to i..u. per.it. upon .pplication by TRADEWINDS for cl.aring, grubbing, peri..t.r beraing, debris and garbage re.oval, .nd ..o...~ioft .nd lil1. Addit.ionally, the CITY' agr... to ...r.i~ (.ubject to FiTe Department .pproval) under proper ataoapheric pondition., controlled .ir curtain/forGed air burning on t.he ait... -7- ...~.. ~I .:.... ", , lil~190 18. The CITY agr... that TRADEWINDS ..y ~ace.. the P.C.D. from the indu~trial coll.ctor road, to be loa.ted north of .nd adjacent to that partioa 01 t~ P.C.D. lying east of S.W. 8th Street. 19. Th. CITY agr... that TRADEVIRDB .hall have the right to phase development o~ the P.C.D. and/or the P.U.D. a. vell as .ever portion. o~ the property Ira. the P.U.D. or p.e.D, provided, ho~.v.r. that t~ ph..l.. of any improvement. which are requir.d ~y t~. 8Ubdiv1.ion .nd platting regulation. .hall be in aoaordanae .Sth the rllvi.ed .a.ter plan.. .ub.itted by ,..ADftt.. and .", approved by the CITY, and pha.ing of ..1d iapro.e..nt. i. reasonably related to the land u... that are ,- proposed in the particular ph.... 20. The CITY and TRADEWIMDS agree and aoknowledge that the CITY hae a.ended it. 1989 Co.pr.hen.lve 'lan 1n order to make .aid 1989 Pl.n con.i.t.ftt .itb th.t portion of the 1986 Comprehensive Plan, a. a..nded, nUAa pro tunc by this Court'. Order .da~ed Oatober 31. 1,.,. ,Further, .:' .'f the partie. agre. and' .akno.l..... tu 1'" Ioynton . r.', . . Seach Comprehen.ive 'Plan ha. been a..ftded a. lo110w.. and the following a.end..nt. h.v. ~ lnoorporated into the 1989 Comprehen.iv. .1.n prior to 11nal 'lan . adoption a e. Th. Future Land U.e ftap ha. been ...nded to incorporate an additional 5.1 ./- aar.. at Local R.tail Co..ercial de.ignated' la"'. Thl. 5.1 ./- acre par-c.l i. located i.aediately north of .nd adjacent to the P.C.D. north.rn bou...r, depiated by the 1986 Stipulation and S.~tl...nt ..ree..ftt, lying .a.terly of the propo.ed right-ol-.a, of S.W. 8th Str.et. Thl. ~.1 ./- .are parael repr..eftt. an additional 4.4 ./- acr.. plu. 0.7 acr.. ~o off..t dedication by TRADEVINDS o~ right-o~-~a, lor S.V. Further, the Future Land U.. "ap ha. 8~h Street. . ' . been amended.o that '"th. ar.. aoA~..pl.t.d .. P. C. D. by the 19~6 Stipulation and ..ttl...nt Agr....nt, including the additional 5.1 ./- ear.. de.qribed, i. -8- .'" ' " ':.~'.~t . ,.' . ."/ 1/24/90 designated on t.h. Fut.ure L.nd . U... "ap an wtth ast.erisk and a not.. 1nd1c.~1ng th.t the area 1. t.h. subject of court ordered ..ttl...nt .tipulat.ion.. ,Further, a era.. r.terence i. glv.e 80 tbat .o..ofte looking at. t.he Map wl11 b. able ~o find ~h. wrlt~.n explanat.ion regarding t.b. prop.rt.y. Furt.ber, t.h. Future Land Use Map ba. been ...nded t.a retlect a Local Ratail Co...rc1~l land u.e d..ign.tian for the entire P.C.D., i~cluding t.he additional. 5.1 +/- acres described herein, and including th.t P.C.D. propert.y locat..d "..t. ~~ S.". 8th St....t.. 1'-"" b. Th. Current Land: U.e Hap ot t.he 1989 Ca.prehen.tv. Plan ha. b..n a.end.d t.o ..efleat. a heavy border around the TRADEWINDS prope..ty and a delin.ation wit.hin t.he border. reflect.ing the P.U.D. and P.C.D. Included wit.h this is . not.e .tat.ing that the property is subjeot of ord.red t.h. cou..t sett.lement .tipulat.ions described in the Appendix to t.h. Futur. Land Us. E~e..nt Suppo..t Doau..et. , .,. c. Paragraph 8a., Artic'le VIII, Laad u.. P..obl... and Opportunit.ies,' ot the Futur. Land u.. Sl...nt. Support Docull.n~ which re'.". property to .ncompa..ing allot t.h. P.C.D. and P.U.D. ha. been am.nded t.o r.tl.ct. that. tb. P.U.D. .nd P.C.D. ar. fully v..t..d, as per Court Ordered ..ttl...nt Stipulat.ions which ar. or .., ~ 11' .I'eat,for the P.U.D. and P.C.D. .r.... d. Th. CITY ha. includ.d la...... ia t.be C.pit.al Improv...nt.. El...nt al.a..l, ..t,tag lorth' th.t. d.velap.ent o..d...a a... v..ted. in final local accordanc. with .ub..otion 1&3.3167(81, Florida St.at.ut.., and that d.velop..nt ord.... far proj.ct.. which ".r. t.he subject of court arde... reg.rding land use, zoning, pl.nning, u.. or develop..nt. ot a parcel .hall b. eonat.rued t.o b. v..ted for a. long , . . a. the court ord.rs r~ain 11' .ffeat. -9- i~" .',. ,."l' '. . .' 1/24/90 e. The CITY haa amended the Con.ervatiah Ele..nt and : the Ele.ent Doau..nt by Support Coneervation removing all eon.ervation d..ignation. r.lating to . the TRADEWINDS prop.rti.. ~ra. all ..... ~igure. and tabletS Con.ervatloft I:l_nt . Support in the Document. Furth.r. the con..rvation d..ioaation and not. relating thereto ha. been re~ved ~ro. tbe 1989 Future 1ft -.king the foregoing Land U.e "ap. am.ndm.nt, the CITY ha. inoorporated auah written explanation. a. .ay b. neae..arp to ..ti.~, the Departm.nt o:t Co..un1t.yA~~alr. .. to .hy the.e l'. change. have been .ade. :to Th. CITY ha. incorporated auab additional language in the 1989 Co.pre".n.ive Pl.. a...7 be'r-.uired to . ineon.i.t.nai.. whiab "7 e.i.' ~tw..n . . . . explain any the 1989 Co.preh.n.S.v. Pl.. and the State and Regional Plan.. SpeaS.~iaally. tbe CITY b.. in..rted language .xplaining that. virtue o~ the I>>F court ord.r.d ..ttl...nt .tipulation. whloh are or . . '/ in .tt.at.; the proj.at s.. ~u117 v..ted under .ay be 0'/ the 1986 Co.pre..en.lve Plan and that, a.. re.ult th.reo:t, it i. aon.i.tent. g. The CITY ha. a..nded the 'arka and Reareation Element a. vell.. the P.rk. and .ear.ation al...nt Support Docum.nt. cl.arly indiaating 'hat the '.U.O. meeta all the requir..ent. o~ the aourt ord.r.d .ettle",.nt. .t.ipulation. and the Subdivi.ion Regulati~na in .:tl.ct in 198&. 21. In the ev.nt thi. Stipulation and ..ttle..nt Agr....nt or the Ord.r ~o b. .nt.r.d h.reon, or any oth.r .ettlement agr.ement or order r.lating to thi. aau.e i. appealed or chall.nged ~udiaially in any .ann.r in any Court by any third p.rty, both parti.. hereto do h.r.by agree to jointly and vioorou.ly d.~eftd aoaift.t any 8uch app.al or challeng.. the ..penae o~ whiah .hall b. b~rn by TRADEVINDS. ... Fatlur. to. do ~ .hal1 be considered a .at.rial br..ah o~ thi. provi.ioft and tbe spirit o~ thi. .gr....n~ and a aubetantlal d.1ault. In the .vent o~ .ueh d.:t.ult, the d.~aultiftg party agr... -10- . to indemnify and hold har_l... the non~d.fault1ng party from any 1088, co.t or .xpen.. whicb .a, b. incurr~ for any delay occa.ioned or any da.ag.. .u.tain.d .. a result thereof including any and all .ttorn.y. fee. required for the def.n.. 01 an, .uah appe.l or challenge and any and,a11 attorn.,. f__. .u.tain.d in enforcing the default provi.ion. of thi. Stipulation and Settlement. 22. The CITY agr.es that any and all i.paat I... Which ar. required to b. paid for the P.U.D. and p.e.D. .hall b. only those impact :f.... wb"lcb w.re required to be paid ,", in November ~986. 23. A Letter Agr.ement dated October 31, 19.9 bet...n Th. CITY and TRADEWINDS l...tt.ched b.reto a. Exhibit -.- and made a part hereof for purpo... of ao.pr.b.n.iy. continuity. 24. The CITY agr... to r...ry. 650 equlvalent re.ldentlal connection. of ~ti1ity c.paait, lor the u.. of t~. P.U.D. and P.C.D. .' ,-, WE HEREBY CERTIFY ~hat'. true and aorl"'eat copy of the foregoing ha. been furni_h.d b, U.S. "all to all partie. on the attached .eryic. 1i.t thl. 30th da, of Oatober, 1,.,. , 'By, DEn.DAMT. ..... '- .- : -: ..,. ~ 11 ... - . . - .~ _...--:: PRESIDENT 1,',l:lty Clerk " , .......... ;" .~ ~ . .' ~ . '..... - - - .. ..-: . :: .:-.~. -. --. ,,-' ~ - " ...... (corporate .eal) .,'.. " STEPHEN N. ZACK Floyd, Pearaon Et Al. 17S Horth.e.t Firat Avenue Kiami, Florida 33130 Florida Bar Ho. 14S21S 30SEPH ~. REITER Lytal .. Reiter ~13 North ~l.gl.r Drive Suit.. 1000 W.at Palm Beach, F1a.33401 (C~'ty:"."al ~ '.. .'rL"'~ ~j:;~,. RAY A. aKA City Attor_, City 01 aoynton "aab Flol"'~da ..1'" Mo. 34.a8O -: -11- 1/24/90 . .:,..~'i t .. '. 1/24/90 F. nartin Perry & A..oc. 1665 Palm Beach Lak.. Blvd. Suit. 1000 West Palm 33401 .'," , .~ . . -12- ~.. .' 1) .... . . J ~ p- ~ r-o: en < ":;"8- ~~:" Ii) d ~ ~;; ... "" '. .... ~ ~ -or' ~::' ~ ~ ~~~ ~ I' .~ fe,' -' '"~".';. ~ t: ., t: ~ w..<'lS,;- Q I~!" il....,,; . . _"_I""" "'nil. --...~. ."./t.,: I r" Ji....t.~~~~:.t-.." ,', " ~~. , " , \ ""'1 ,-.;;;o?~.:-':aj-W/I1~-:"'""""'lA_" l : /' J'I" . .' ....'-8V.. -,..1" __ -'L. ..'" ", J','~.:"",>' .r.~j ..l.J.,.a........~....jI jJ....'~......81--:OM ~. ... c.. .;.... ~.u . Ir.;l ... ~~)- - , ,.< ..' ~ . ''': 1." o . " "r . . "r!'~ :: >l . ~ ll/ j; :: It ~ i 2 .~ ai' i a ~ ~ .. . ::s ,'S!, ~~,.~~ -Ilia:: ~oi ,.:~;: O' fI u'..'r;a ~. ..a .. f't .., t:!: ..., ~ I ~ pi ( ~3.::j,;.; --j;i'--- ;i gi;; ~ C'!!I~!'! saill :: . ~ ,. -'>''' , ""::'i!~"1 ,,, I~'r . ." .':~'" .: ,.,.. I . ~.~ .', .:""4-""": .. .. ...-',:; ~. d erl Q ~ 5 >. Ii tl ~~Ii >1" !e i! J "! ! 52 i!I~. . ~ II ;:11 . ~ C:I" :',1 i, , 'I' I . ,'. . .. ~ " r . !lo-....v.. . .~,.. :"'. "".. c: ,:! ~ Mlrl ~ .~ ~ lj t::: :. Ii! r. ~ !lu i . ' l "..,.,.....:-=-. ~ .... .. :~{:.~:: /i..,~~(ri . ~(.~:'.. .~ .,t,~ ..!O(I.:. ':j . ~ :.. ~ . ~lt; .;';-.ie... ....,. ....k,. ~ .. .....-.-. ., ,. ;"~.:~~;~ , "'); (L.~ ~, . .. '.. .' , ",...~, I . 0---, . '" ,) ~ 0' '- _ ~ · n :----... j-roo; ol~" '" '-'. L \;.~: ~;.:.~ .,,~: : . If.-.,,'l~ i:. . j;r 1'.;: ;:;' :tt.:/" '. D ~ -, ~II ~ '~-"':: . "'Ii .: :.~. ii' ,~ '.. " -.. t t:ll~~~. ~Jd.. ' ~-~~ . P. "", . - r l: :i: [~.. i ~ t':? :....ij ;. f..-. ii;: ~;:~ i~' ;:.~: 5~~i r(- vi:::!... ;;:~._. 5~..1. .. ,'-.. ~~:~~ g..' Iih~ ~;~.,:; .. Cl LAWOP'FICES PERRY, SHAPIRO & MILLER, P.A. 400 AUSTRAUAN AVENUE. SOUTH SUITE 300 WEST PALM BEACH. FLORIDA 33401 F. MARTIN PERRY ROBERT LEE SHAPIRO JOROAN R. MILLER JILL.... JARKESY LAURENCE G. LEEDS AREA CODE 407 TELEPHONE 833-4404 F'ACSIMILE 833-32!57 April 13, 1990 Mr. Tirncthy P. Cannan Planning D~rector City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Re: Tradewinds Development Corp./Woolbright Place P.U.D./P.C.D. Dear Mr. Cannon: Pursuant to enclosed are documentation) the January 24, 1990 Stipulat~on & Settlement, the following four (4) applicat~ons (and back-up relating to the above referenced proJect: 1. Application for a Modification to the Woolbr~ght Place Planned Unit Development Master Plan. 2. Application for Modification to the Woolbright Place Planned Commercial Development Master Plan. 3. 5. 1 acre Commercial tc P. C. D. ) Rezon~ng Application (P.U.D. 4. Poinciana Amendment Park "small scale" Land (Recreation to Residential). Use Plan We apprec1.ate possible. expediting these applications as quickly as Please Kilday do not hesitate & Associates if you to contact myself or Collene Parker of should have any questions. Yours very truly, _ .___LI....'-\:.:..c \'-,c:""C ~ . r , ~ ;::r.CI-...)1 c~\"'1. Leeds Laurence G. LGL/glm Enclosure(s) cc: Scott Miller, James Cherof, City Manager City Attorney Kilday & Associates Landscape Architects/ Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (407) 689-5522 · Fax: (407) 689-2592 AprilS, 1990 Mr. Timothy P. Cannon Interim Planning Director City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 Re: Letter of Submittal Woolbright Place PCD Dear Mr. Cannon, This letter will serve as an application for a modification to the Master Site Development Plan for the commercial tracts of Woolbright Place. The modifications to the plan are to comply with the conditions outlined in the Stipulation and Settlement Agreement approved on January 24, 1990. These modifications are as follows: 1. The total lot area of the commercial development is increased by 5.1 acres, but will not exceed 32.0 acres, exclusive of dedications. 2. Total gross leasable floor area shall be less than 320,000 sq. ft. 1. Retail/Commercial uses shall be permitted in all proposed facilities within the development. 4. An additional curb cut on SW 8th Street located between Woolbright Rd., and the primary shopping center entrance has been added into the outparcel site. This Master Development Site Plan reflects the approved layout of Home Depot, its garden center and a conceptual layout of the balance of the center, including three outparcels. The building setback lines are denoted as the "building envelope". Changes to the conceptual building configurations to conform to final building layout will be allowed without further approval within this "building envelope." Cannon Woolbright PCD April 5, 1990 Page 2 of 2 Please accept this application, which includes seven (7) copies of surveys, legal descriptions, and Master Site Development Plans. I understand that these revisions will be processed and approved expeditiously so as not to delay the required permitting for construction, per the Stipulation and Settlement Agreement. Please feel free to contact either myself or La~rence Leeds at Perry, Shapiro and Miller, PA with any questions or concerns. mC:W.l~ Collene W. Parker for Kieran J. Kilday I acknowledge that this application has been received by th~~f~~ynt/n~~~ Planning D~partment on ( da te ) I I ' / ~, (2! ~~~ ~// ~ /h-~ (SJ.gnatur ) *-~~~~~~ ft--~~h~~~ ~ft~&v~~~ ft-~~~J~ ~~tf\A-- ~ :?t /"17,7', .. .. .. ,. ., !~~~t7~";;J'" .,l ., /:&cu ~, /- /p. ;\ .. . '"II ~e~Q_~~s_e~g~Q~s~I_a~~LQB_BsZQ~I~E_eEeblgeIlQ~ .;'.:;'......,:: ;..' ~e~illtr: Ci t:l ::n :::n::: :::::: ::::: d a :::.lJi;~~i#;~r.~;~;,This application must be .fj.lled OL\t completely and accLu'"'ately and ~\~~s~~mitted, together with the materials listed in Section II below, in two, :;;[~,\;:c;O:p'ies.q to the PI anni ng Df:?partment. Incompl ete appl i cat ions wi 11 not be i~!~~;;;;S::;ntLegiblY or Type all Information. ';f;.}:'/:I:~"~:;~;."GENERAL I NFORMAT ION ':':f[~P:X::'1i2;3fIF~~:~:::-~:::~----TPe._J3_oJ>J>~~_o~~~~<:.o}_~_i_g__h_~_P_C_D_____________________ ".~. . ....,,'. : (2) '::::-,:....-:;..." ~. ''',2''. ".Type of Application (check one) : . . . ~ . , . ?:)/::,<':~:...~~____ a. Rezoning only b. Land Use Amendment only c. Land Use Amendment and Rezoning 3. D~te this Application is Accep'ted (to be filled out by Planning Departmen.t) : . ;'::X:(;f'::::,.:~,;"': Appl i cant ~ s Name (pel~son or bLtsi neS5 anti ty in whose name thi s . "'~\:::"':i" . application is made): _~I~2~~iE9~_R~Y~12P~~E~_~2IP2I~~iEE_____________________ Address: 902 Clint Moore Road Suite 124 --------- -----':'-------~----------------------------------- _~~22_~2~2EJ_Pl_333~J____________~______________________ , . Telephone NLtmber: _J3~J~_~~3:3J33________________________________________~ 5: Agent~s Name (person~ if any~ representing applicant): . ,'. Kilday & Associates Address: 1551 Forum Place, Bldg.100A West Palm Beach, Fl 33401 ~~anning Department 1-86 page 1 >..__.,_...__._-_.._-~ I..". ., . , '.\ Telephone __J_~]J_i~J:JJ]]________________________________________ Number: Property Owner"s (or Trustee"s) Name: __T_r:..a_CLEL~iJ1.Q.?_...R.~_v_~1..0...P.m...ELIl..t_ _C_o_r...p-oJ'_a_t_i_o.1L__ __________________ ',1. . Address: -~~JL~~~~_~e_~_______________________ ,~ ,.:' Telephone " Number: _ R Q r: <'I ...R.a.:t:.al4-...E.L i 14 R 7 (407) 994-3133 --------------------------------- , ' -------------------------------------------------------- ,Correspondence Address (if different than applicant or agent):* __AJ!.e_n_i:.~_~.9_d_r_e_s_s___._______._______________________________ -------------------------------------------------------- * This is the address to which all agendas, letters, and other materials will be mailed. 8. What is the applicant"s interest in the subject parcel? (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) :, 9~ Street Address or Location of Subject Parcel: East side of S.W. ------------------- --Q~~~~------------------_._--------------------------------------- --~~~_?.~~~~~_~~l2.~~~ ~<2.~!.._c:..l2.I2.E.<? ~_~~~~ ~!.~ _~Q.Q.:._li~ ~tl1._~~_\!<?.~lll!.:hg:.l.l't_Il<2.~d . ,10. Legal Description of Subject Pi:-'t-c€~l: ~_llt.t_?.~hecLEl~l:l.t..Q.iL~~_ ------------------------------------------------------------------ ----------------------.-------------------------------------------- ------------------------------------------------------------------ .' -----------------------~------------------------------------------- ------------------------------------------------------------------- 11. Area of Subject Parcel (to the nearest hundredth (1/100) of an acre)': __~~l_a~~e_____________________________~_________________________ Department 1-86 page 2 j I I ,j .. ',; " i ; J i ; l ! i , I I :1 I " ,I j :. 'I..' ,I.. I' j 1 1 i 1 !' " . .~ . .. ; ; .' 12. Current Zoning District: _.!.'l~EE~.9_.:YEi-!-P~.Y~l.9I>~~E.!--------------- ": 13. Proposed Zoni ng Di stri ct: ..!'~2EE~.9_S.9~E1~EEi!ll_.P~..Y!!.1-2.P~E.!-_-___----' 14. Current Land Use Category: _fp~~~ESi21-J~9S21_B~~~ilJ------------ 15. Proposed Land Use Category: ~9~~ssiEl-J~9SE~_~~~Ei~J____________ 16. Intended Use of Subj ect Pay-eel: _..c.9J!\11l~J;..9j...Q.j._..sM.P.P.i.ng,....c.e.v..t.e..r------ ---------------------~--------------------------------------------- ------------------------------------------------------------------ 17. Developer or Builder: Tradewinds Development Corporation -----------------------------------------~- ------------------------------------------------------------------ 18. AI~ chi tee t : .9.!'~~..!1.P.~.!'..iLX..9_:rE~~___________..________________________--- 19. Landscape Architect: ___~i~gE3_~_~EE92iE~~E_______________________ 20. Site Planner: _.~_~~Ey_~_~~~~~~2~~~_______________________________ 21. Civil Engineer: _~~2~~3_~~~~~~~9~~_________________------------ 22. Traffic Engineer: ------------------------------------------------ 23. Surveyor: _~E~~~~~~_~~9_~>>~~~~X__________________________________ II. ~eI~Bleb~_IQ_~f:_~~~~!IIf:R_~II~_BEEbl~eIIQ~ The following materials shall be submitted, in two (2) copies. (check) .' .:xx..._a. This application form. ~~b. A copy of the last'reco~ded wa~ranty deed. ~_c. The following docl.lment~,; and letters of consent: , (1) If the property is under joint or several ownership: A written consent to the application by all owners of record, and (2) If the applicant is a contract purchaser: A copy of the purchase contract and written consent of the owner and seller, and (3) If the applicant is represented by an authorized agent: A copy of the agency_ agreement, or wl"'itten consent of the applicant,. .anci. (4) If the applicant is a lessee: A copy of the lease agreemen~,; Planning Department 1-86 page 3 ", "('\~-:::y::i:i,t;-~~,..,: .~ ..; ..". ,', (b) Existing and proposed grade elevations. (c) Existing or proposed water bodies. ~, ; . '. ..{ 'j Cd) Form of ownership and form of organization to maintain co~mon. spaces and recreat,ional facilitie~. , " .: , :. .:>.:::11IA(11) For rezonings to planned zoning districts, the specific : '.. requirements for submission of applications for rezoning to such':':' districts shall also be satisfied. FLlrthermore, all materials requirec( for a subdivision master plan shall also be submitted. .-:111.; aE:Eb!~aIIQt:LEt;;gE~ Fees shall be pai d a.t the ti me that the appl i cat'fon,,' is submitted, according to the fees which have been adopted by " ' ordinance or resolution. The Planning Department will inform the applicant as to the fees ~oJhich are required. All fees shall be paidby~( check, payable to the City of Boynton Beach. I V." !;g8IIE!~aI1.QN ! i i 1 i i j I , 'L f' Y," , ~ ,'" .. . ., { \ 1 < 'i I ,. i (I) (We) understand that thi s appl i cati on and all pI an and papers submitted herewith become a part of the permanent records of the Plann' oning Board. (1) (We) hereby certify that the above stc e ,nd any statements or showings in any papers or plans m't -d erewith are true to the best of (my) (our) knowledge and el ef. ,~T, his application will not be accepted unless, signed" a 0 i g to e instructions below. ~ /~ ------------ ___fbLie_________ 'Signa ure of Owner(s) or Trustee, Date or Authorized Principal if property is owned by a corporation or other business entity. I. , 1 " ~ :1 J .t .J '~ . :',t" t; . v~ . __1JlJ2.rgn______~_. . 6:;r;' ". . as (my) (our) authorized' " '. :J ," ,: "j :t , ~ :..~ i~ ~ '\ \ 1 5 · i " Trustee, ---~~--------~ ,. Da~e Planning Department 1-86 page 7 Tradewinds Group Congress Corporate Plaza 902 Clint Moore Road Suite 124 Boca Raton, FL 33487 (407) 994-3133 April 2, 1990 To whom it may concern: This letter will serve as an authorization for, and confirmation of Mr. Kieran Kilday, Kilday & Associates, and Michael Morton to act as our agent for any matter relating to the approvals for the Woolbright Place PUD/PCD. Very truly yours, DEVELOPMENT CORP. Corporation) d/b/a GROUP ::. " Its: Secretary/Treasurer STATE OF FLORIDA COUNTY OF PALM BEACH I hereby certify that on this 2nd day of April, 1990, before me came DAVID J LEVY, as Secretary/Treasurer of TRADEWINDS DEVELOPMENT CORPORATION d/b/a TRADEWINDS GROUP, Boca Raton, F lor ida, respectfully of the Ap- plicant, to me known to be the person described and who executed the foregoing and acknowledged same to me. /0 )r- N~~ PUB State of at Large My Commission Expires: Notary Public, State of Florida '''!J My Cornmissilln Expires Feb. 25, 1993 bonded Tntu Troy Fllin. wuro/lCt 'ACt ...... . d"~';;'" ~ < 1,-",:':;'.0+:; ~~.~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on Tuesday, June 12, 1990, at City Hall Commission Chambers, Boynton Beach, Florida to consider a request for REZONING covering the parcel of land described as follows: LEGAL DESCRIPTION: A parcel of land situate in Section 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. 01034'16" W. along the East line of said Section 29, a distance of 1080.64 feet to the Point of Beginning; thence S. 88026'13" 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 10042'03", an arc length of 186.77 feet to a point of reverse curvature: thence continue Westerly along the arc of a circular curve to the left having a radius of 1000.00 feet, a central angle of 10042'03", an arc length of 186.77 feet to a point of tangency; thence S. 88026'13" 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. 71000'14" W. having a radius of 1851.74 feet, a central angle of 0012'51", 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 5057'04", an arc distance of 149.39 feet: thence N. 37035'20" E., a distance of 46.53 feet; thence N. 88026'13" E., a distance of 1125.37 feet to a point of intersection with the East line of said Section 29: thence S. 01034'16" 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 o f Record. - .".... DESCRIPTION: ----.---------- A parcel of lana situate in Section 29, Township 45 South, Range 43 ~ast, Palm Beach County, Florida, more particularly described as follows: COMMENCING at the South~ast corner of said Section 29; thence N. 010 34' 16" W. along the East line of said Section 29, a distance of 10S0.64 feet to the POINT OF BEGINNING; thence S. 8So 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 lS6.77 feet to a point of reverse curvature; thence continue Westerly along the 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. 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. APPLICANT/ . OWNER: Tradewinds Development Corporation AGENT: Kilday & Associates PROJECT NAME: The Shoppes of Woolbright PCD (Planned Commercial Development) PROPOSED USE: Commercial Shopping Center LOCATION: East side of S.W. 8th Street expansion, approximately 800' North of Woolbright Road. REQUEST: REZONING from PUD (Planned Unit Development) to PCD (Planned Commercial Development) A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on June 19, 1990 at 6:00 P.M. at the Commission Chambers, or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH, FLORIDA SUZANNE M. KRUSE CITY CLERK PUBLISH: THE POST May 27, 1990 and June 3, 1990 tradews/slb cc: City Manager Mayor & City Commission City Attorney File ~AI'N/NG& ;:p....A?&'~-< L?/TY ///~A/"~ ~ tt:'JAC/ee ~.R. ... tIO._ t:-... ~-... - - . LOCATION MAP - - SHOPPES OF WOOLBRIGHT (30Y,1/"01'l/ .' i.~- :3 REe' ~ c .. ( '0 1/8 1/4 MILES 400.800 1600 FEE;T p. N '/ J-T hL.J...,L,t..:,L J.l 1---1-1 I-i . ~ I-~ CORRESPONDENCE - CUItUM UJBfT% ~,,,_.;c.,;;. .' ,....,.-- BOOSE C,A:SCf .....~"" r.u .......r--l ~~ .,.-.. . _. 1 ~ r II '""""'" · .."" ~ _......~~ __ ......... euct1. ~ SIC'I ~ .. .... ".G. ...... war \IOlIl&.M __. n..oNM ~ ~~ C*l--- GllEOOR"f 5. KI.eo. P.A. ~: ($If)a32'~ nux:o,.lIDt: (!561) 8Z)..0381 March :lOt 1998 VIA F' AX: 954-771-4W, lames Cheroi: Esquire loaias ~ Oorea 3099 8th Commen:il1 Blvd.. Suite 200 Ft. LaudeniaJf; Florida 3D OS Re: Woolbright PCD - rndustrial kc:ess Road Dear Tun: Confitmiag our conversation of ~y afternoon. aDd in an effort to resolve the timing aud ancillary usues IDft'OV.DdiDI the ~ttt1ctioD or the iDdustriaI accesa road, we would Jike to offer the foJIowiag mggcsticm to tho CityofBoymon BeIdJ. Home Depot Expo Design Center ("Home J2:po"}wiU construct tile iDduauia1 a&:aS$ road as rItlectccl on their approwd site plan. For tha~ remaining portion of the induS1ria1 aa:t:S$ lOad from the tcrmiIlus oftbe road as sbowu by the Home Expo site plan to the property D. my clieat will obtaiD a cznified c:ost atiwate fi'cm CaultWd &. Wbee1er, Home Expo's project ecgineer, IDCi that sum oCmom:y will be givea to the City for the c:onstNctioD of the ~er of the road. If and when a mib:oacI ~iJ eftI' 1Ippf'OVed iu that locations t!a 1imds em be used for the completion of the proj=. If .sud1 approval is not forthcoming, the City may uti1i%e such funds tor my other apPTOpriuc pub& pwposc. As you din:cceci, my mall will deal din:c:tIy with Pete Mazzella on th~ approval of the certified estimate. We bdieve this is the most pm;tical approach to resolving tbi.long-standing issue. ~L Gn:goJy S. Kino GSlUag 27564 cc: Pete ~.,..,en.., Assistam to Utilities Director (375-6Z93) Michael Morton (S611241-0646) TIie City of 'Boynton 'Beacli 100, ~ @ ~ 0 \VI m rn PLANNING AND ZONING DEPT. November 1, 1996 't -() 1) [-7 ~J~ ~~t'i~ {\., "- v J.?le- ~Y, G5. Jvppt6 ~f . .-JrtJf ,f lJ.1ol bm 1 i Pltl..~x-- /i)c' 1l?r1 ~.,.....,( ~~S Willie M. Swoope Impact Fee Coordinator Palm Beach County Financial Management & Budget Office 301 North Olive Avenue West Palm Beach, FL 33401 Dear Mr. Swoope: In response to your letter of October 21, 1996 please find items #1 and #3 on your letter enclosed. Item #2 will be !orthcoming shortly. Additionally, we have researched our files and can find no reason for objection to Mr. Morton's request to consider 8th Street for impact fee credits. I hope this information assists in resolving this issue. Sincerely, CITY OF BOYNTON BEACH ~~0~h Carrie Parker City Manager CPH :hlk cc: Jim Cherof (wi attachments) Bill Hukill Tambri Heyden Mike Morton (with attachments) S:ICMlCARRIEISWOOPE.WPD Jlmuuas (jateway to tIU (juEfstream CITY of BOYNTON BEACH ~ \f1I 100 E. Boynton Beach Blvd. P.O, Box 310 Boynton Beach, Florida 33435-0310 140]) 734.8111 OFFICE OF THE PLANNING DIRECTOR August 8, 1990 Kilday & Associates Attn: Ms. Collene Parker 1551 Forum Place, Bldg. 100A West Palm Beach, Fl 33401 RE: Shoppes of Woolbright - Rezoning (Settlement) - File No. 472 Dear Ms. Parker: Please be advised that on Tuesday, July 17, 1990, the City Commission approved the rezoning of the property generally located at the intersection of Woolbright Road and S.W. 8th Street from PUD LUI 5.0 (Planned Unit Development) to PCD (Planned Commercial Development). A copy of Ordinance No. 90-20 is enclosed for your information. If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, .. CITY OF BOYNTON BEACH 9;. J I) //t<- -(O{t>v\ rJ JAMES J. GOLDEN Interim Planning Director JJG:frb Enc cc: Central File C:ShW1Rez ,---- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 (Planned Commercial Development) to PCD 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 26 regulations be amended in order to bring these regulations into 27 compliance with the Comprehensive Plan; and 28 WHEREAS, the City Commission has heretofore entered into a 29 Stipulation and Settlement Agreement in Palm Beach Circuit Court, 30 which requires in part rezoning of the property; and 31 WHEREAS, the City Commission deems it in the best interests 32 of the inhabitants of said city to amend the aforesaid Revised 33 Zoning Map as hereinafter 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 20 section 1: 1 The following described land, located in the City of Boynton Beach, Florida, to-wit: See Exhibit "A" 2 3 be and the same is hereby rezoned PCD (Planned Commercial 4 Development). 5 section 2: 6 That the aforesaid Revised zoning Map of the City shall be amended accordingly. All ordinances or parts of ordinances in 7 section 3: 8 conflict herewith are hereby repealed. Should any section or provision of this 9 Section 4: 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 effective shall become immediately upon passage. FIRST READING this ~rd- day of .--:-- ~LLL.V , 1990. FINAL READING and PASSAGE this / ;7 /,4." day of SECOND, ~ \:;/ aLtf , 1990. 19 21 22 23 24 25 26 27 28 ../'" / /....",. ", CI.~BOYNTON fd~ EACH, FLORIDA j>' Mayor --?f:c/ U/. Vlce Mayor .~.._.-"-,-' . ,r' ~G~q Commissloner . . /--- / '. ~ f_...L..-< -/I.A~/' I -J...., . 1.+/ /..;(--" .. (~_ Commissioner /, /./~.-/....--, "--:'-" ATTEST: ~Wc~ CITY CLE 29 30 31 (CORPORATE SEAL) 32 33 P\B ORDINAN3 34 . , .....-"'..._4.......4..._.._ DESCRIPTION: -~"'-..... .. A parcel of land' situate in Section 29, Township 45 South, Range 43 ~ast, Palm Beach County, Florida, more particularly described as follows: COHNENCING at the Southeast corner of said Section 29; thence N. 010 34' 16" \'1. along the East line of said Section 29, a distance of 1080.64 feet to the POINT OF BEGINNING; thence S. 880 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; then6c 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 Doint 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. EXIIISlr A t.O~. 9o-~" -. . LOCATION MAP . - SHOPPES OF WOOLBRIGHT 3 REC '0 1/S 1/4 MILES ~O 400, 'SOO 1600 FE~T PLAAlNINr. "e.pr'o 1~/8'J LAW OFFICES PERRY, SHAPIRO & MILLER, P.A. 400 AUSTRAUAN AVENUE. SOUTH SUITE 300 WEST PALM BEACH. FLORIDA 33401 F. MARTIN PERRY ROBERT LEE SHAPIRO JORDAN R. MILLER JILL A. JARKESY LAURENCE G. LEEDS AREA CODE 407 TELEPHONE B3~404 FACSIMILE B33-3257 April 13, 1990 Mr. Timothy P. Cannon Planning Director City o~ Boynton Beach Post O~~ice Bo~ 310 Boynton Beach, Florida 33425-0"310 Re: Tradewinds Development Corp./Waolbrlght Place P,U.D. IP.C.D. Dear Ml~. Cannon: Pursuant to enclosed are documentation) the January 24, 1990 Stipulation & Settlement, the ~ollowing four (4) applications (and back-up relating to the above re~erenced project: 1. Application for a Madi~lcation to the Woolbrlght Place Planned Unit Development Master Plan. 2. Application for Modiflcatlon to the Woolbright Place Planned Commercial Development Master Plan. 3. 5. 1 acre Commercial to P. C. ;). ) Rezoning Application (P.U.D. 4. Poinciana Park "small scale" Land Amendment (Recreat.lon to Residentiall. Use Plan We appreciate possible. e:.:ped l t lDg these appllcatlon:3 as quickly as Please Kilday do not hesitate to contact myself or Collene Parker of should have any questions. & Associates if you Yours very truly, _ L \,.l_,--l:- t..X, C:...\L. : ,-,.(.;,- :("\ '-- l....._ . .J1 .'')N cc: Scott Miller, James Cherot', City City <<ec....a o~ "Jf ~ _ . "./ Dale ~~ ((f"{j,,(4d-~~ 7:ft~~~ ~~~~;~:y ~~~~ ~J~~ .~ ~ ~ ~r; /CY9'~ Laurence G. Leeds LGL/glm Enclosure(s) '.-" REVIEW COMMENTS (MEMOS)/DATA PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-317 TO: J. Scott Miller Ci ty Manager r- . ~ _/~ Tambri J. Heyden ~ ~ Acting Planning and Zoning ~ecto FROM: DATE: December 13, 1993 SUBJECT: Revised response to Mr. Morton's revised list of items Woolbright Place PUD and Shoppes of Woolbright PCD As requested by your Memorandum No. 93-398, which was initiated due to your receipt of Michael Morton's submittal of a written synopsis of the issues he presented at the November 2, 1993 City Commission meeting, I have revised my previous response (Planning and Zoning Department Memorandum No. 93-306) as follows: 1. Vestinq Issue My previous response (provided under response #1) still stands. Our department has been charging current fees for development applications submitted by Tradewinds. In my opinion the City Attorney needs to advise. 2. Environmental Issue My previous response (provided under response #2) still stands. 3. S.W. 8th Stre8t My previous response (provided under response #6) still stands. For your information, I met with a gentleman apprOXimately two weeks ago who was interested in developing the mUlti-family portion of the PUD. He told me that no developer, especially one who builds affordable housing, would be able to build all the units allowed within the PUD because of the traffic situation. Therefore, I would think allowing just a two lane right-of-way would make developing the PUD even more difficult. 4. Industrial Access Road My previous response (provided under response #8) is heretofore revised. Mr. Morton's synopsis included a sketch which I did not receive, however he provides information of which I was not aware. In researching our files on this topic, there is a substantial amount of correspondence. If the access road is moved farther south, the anticipated connections to Mr. Winchester's property will not meet the subdivision regulations (if copies of this correspondence are needed, please let me know). In addition, as discussed in my previous response (#4 regarding filing master plan modifications), I would strongly recommend that necessary master plan modifications not be delayed to the time of submitting site plans for the reasons discussed in this previous response. 5. Uses in the peD My preVious response (provided under response #9) still stands. TO: J. Scott Miller -2- December 13, 1993 6. Sianaae on 1-95 My previous response (provided under response #10) is heretofore revised. In researching again the sign code that was in effect in 1986, a second (additional) freestanding sign would be allowed. If relief from the 1986 sign code is desired, the proper mechanism is a Board of Adjustment variance. This is not a City Commission duty. 7. Master Plan Modifications My previous response (provided under response #4) still stands. 8. Landscape Buffer vs. Wall My previous response (provided under response #5) still stands. 9. Reservation of Sewer and Water Capacitv My previous response (provided under response #3) still stands. 10. Expedited Processina My previous response (provided under response #7) still stands. However, I would like to add that staff believes there is clarification needed for processing amended plans. 11. Acreaae on Bovnton Beach Boulevard My previous response (provided under response #11) still stands. However, I would like to add that the process Mr. Morton refers to would be a rezoning and pOSSible a land use amendment, depending on the use desired. No such application has been filed with our office. tjh A:MortnLst2 (Tradewin) xc: Michael Haag Michael Rumpf I to \.,.~.': ',"i'~~~~';':,;,:;, : ~ .---~?... . r- I'a ...-...... ., '. . ;....,.... ,'. I'" . .,., . - \, ~ APPLICATIONI AUTHORIZATION SUBJECTS Howard Schar1in, Tr 1399 SW 1st Ave Miami,FL 33130 08-43-45-29-01-039-023.0 08-43-45-29-01-037-000.0 08-43-45-29-01-044-001.0 08-43-45-29-01-027-001.0 2. Howard,Schar1in, Tr. 1399 SW 1st Ave Miami,F L 33130 08-43-45-29-01-039-008.0 3.- 5. 1st Baptist Church of PB FL, Inc 301 N Seacrest Blvd Boynton Beach,F1 33435 08-43-45-29-01-039-009.0 08-43-45-29-01~039-010.0 . 08-43-45-29-01-045-010.0 6. Howard Schar1in, Tr .1399 SW 1st 'Ave Miami,F L 33130 08-43-45-29-01-046-001.0 7. -9',,) c Howard Schar1in. Tr 1399 SW 1st Ave Miami, FL 33130 08-43-45-29-01-047-001.0 08-43-45-29-01-047-002.0 08-43-45-29-01-047-003.0 10. Winchester, Elsie et a1 PO Box 1240 Boynton Beach, FL 33425 08-43-45-28-00-000-703.0 r- 0- r =t- -i m ..0 oc ('') Lf) N :z_ 0... .:3 ('oJ :> c :::7- CoO c:o ~ I ~.. WR25:D.18 WARRANTY DEED THIS INDENTURE, made this ~L- day of November', 1986 BETWEEN THE GRANTOR: FIRST BAPTIST CHURCH OF BOYNTON BEACH, FLORIDA, INC. a Florida Corporation Boynton Beach, Palm Beach County, Florida AND THE GRANTEE: HOWARD R. SCHARLIN. as Trustee 1399 S.W. First Avenue Dade County Miami, Florida 33130 WITNESS, That said Grantor, for and in consideration of the sum of Three Hundred Thirty Thousand Six Hundred Eighty Five Dollars ($330,685.00), and other good and valuable considerations to said Grantor in.hand paid by said Grantee, the receipt whereof is hereby acknowledged, has sold, granted and bargained to the said Grantee. and the Grantee's heirs and assigns forever, the follow- ing described land, situate, lying and being in Palm Beach County, in Florida, to-wit: SEE ATTACHED EXHIBIT "A" Thi s conveyance is made subj ect to restrictions. reservat ions, easements and limitations of record, if any, provided that this shall not serve to reimpose same, and sUbject to zoning or- dinances and other requirements imposed by governmental au- thori ty, and sUbject to real estate taxes for the current year 3 3U,~&5POcmd subsequent years. The Grantor does hereby fully warrant the title to said land, and will defend that same against the lawful JUC() claims of all persons whomsoever. Grantor and Grantee are used . for the singular or plural, as the context requires. J[ t,S~ S'O IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. 0- m o ~ 0- fT) 00 o U1 co Signed, sealed and delivered in our- presence: OF BOYNTON BY: {'\.. ~\J~ ~ ~I\ . ~ f\ (SEAL) A. C~RELL~ & Sect. Docllllentary Tall Pd $ II (r 5' 3, ,50 STATE OF FLORIDA ] . . COUNTY OF PALM BEACH J '---r 1I1t0l1~lbl" T.alll P4. .. t;l.~;t/~)~~~ Flot'lcl.t I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared A. A. STUART and A. CLYDE WORRELL, to me known to be the President and Secretat-y respect i vel y of t he above named corporat ion, who ex- ecuted the foregoing instrument and acknowledged before me that they executed the same as the act of such corporation. hand and official seal in the County and State afore- day of November, 1986. : J~ ~~ hi--n . o ry rubhc, St:lle of F1"lrld<l III L" My Commission Exrir~s NOv 11 .M~n. l.:Sond.ed thru Notary. PubJ'- U'jld . 1 ?t89. . H... erwn ers. ..-- -' expires: PREPARED BY AND RETURN TO: PHILIP G. BRAUN, ESQ., ROYAL PALM TOWERS III, SUITE 5C, 1600 SOUTH DIXIE HIGHWAY. BOCA RATON, FLOR- IDA 33432. o :t- O --i 0.... rn 00 CJ U1 c:o EXHIBIT "A" TO WARRANTY DEED FROM FIRST BAPTIST CHURCH OF BOYNTON BEACH. FLORIDA. INC. TO HOWARD R. SCHARLIN. es Trustee The property being conveyed from the Grantor to the Grantee is located in Palm Beach County, Florida, and described as: Lots 9 through 29 inclusive of Block 39; Lots 1 through 28 inclusive of Block 44; Lots 1 through 25 in- clusive of Block 45; all of Block 46; all of LAKE BOYNTON ESTATES. PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Cir- cuit Court in and for Palm Beach County, Florida, re- corded in Plat Book 13, Page 53. EXCEPTING THEREFROM, such portion of the above described property as is a portion of and contained within the fOllowing described property, to wit: A parcel of land lying in Section 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 S. 88"02' 22" W. along the South line there- of, a distance of 1445.58 feet to an intersection with the Southerly projection of the Easterly Right-of-Way line of the Lake Worth Drainage District Canal E-4 as described in that Quit Claim Deed to the Lake Worth Drainage District and recorded in Official Record Book 2146, Page 176 of the Public Records of Palm Beach County, Florida; thence N. 00'24' 11" E. along said projection line, a distance of 305.61 feet; thence N. 20"54' 51" W. along the East Right-of-Way line of said Lake Worth Drainage District Canal E-4, a distance of 553.79 feet to the POINT OF BEGINNING of this descrip- tion; thence continue N. 20"54' 51" W. along the East Right-Of-Way line, a distance of 972.28 feet to a Point of Intersection with the Westerly projection of the South line of "PALM BEACH LEISUREVILLE SECTION 3", as recorded in Plat Book 28, Page 243, 244 of the Public Records of Palm Beach County, Florida; thence N. 65"52' 06" E. along said South line, a distance of 248.35 feet to the Southeast corner of Lot 4, Block 23 of said "PALM BEACH LEISUREVILLE SECTION 3"; thence N. 88" 26' 51" E. a distance of 60.00 feet to a Point of Intersec- tion with the West line of Block 33 of "LAKE BOYNTON ESTATES PLAT NO.2", as recorded in Plat Book 14, Page 17, of the Public Records of Palm Beach County, Flor- ida; thence N. 01"33' 09" W. along said West line, a distance of 180.09 feet to the Northwest corner of Lot 12, Block 33 of said "LAKE BOYNTON ESTATES PLAT NO.2"; thence N. 88"26' 51" E. along the North line of said Block 33, a distance of 368.39 feet; thence S. 01"06' 24" E. a distance of 440.30 feet to a Point of Curva- ture; thence SoutherlY along the arc of a curve to the left having a radius of 1540.00 feet, a central angle of 18"06' 13", an arc distance of 486.59 feet to a point of reverse curvature; thence continue SoutherlY along the arc of a curve to the right having a radius of 1750.00 feet, a central angle of 09-11' 48", an arc distance of 280.90 feet; thence S. 88"26' 51" W., a distance of 467.85 feet to the POINT OF BEGINNING. Said lands situate in the City of Boynton Beach, Palm Beach County, Florida. Containing 14.0258 acres, more or less. The above description being in accor- dance with a survey of Caulfield & Wheeler, Inc., dated November 12, 1986, Job No. 387. WR26:D.18 CERTIFIED COPY OF CORPORATE RESOLUTION FOR SALE OF PROPERTY ~ CORPORATE AFFIDAVIT OF TITLE AND LIENS THE UNDERSIGNED TRUSTEES OF: FIRST BAPTIST CHURCH OF BOYNTON BEACH_ FLORIDA_ INC. _ (the "Corporation"), a corporation of the state of Florida, -hereby certifies that the following is a true and correct COpy of a resolu- tion dulY and unanimously adopted by the Corporation at a duly called meet- ing held on November 20, 1986, at which a quorum of both shareholders and directors were present and voting: BE IT RESOLVED, that the Corporation is herebY au- thorized to sell property located in Palm Beach County, Florida, more particularlY described as: Lots 9 through 29 inclusive of Block 39; Lots 1 through 28 inclusive of Block 44; Lots 1 through 25 inclusive of Block 45; all of Block 46;' all of LAKE BOYNTON ESTATES, PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 53. EXCEPTING THEREFROM, such portion of the above de- scribed property as is a portion of and contained within the following described property, to wit: A parcel of land lying in Section 29, Township 45 South, Range 43 East, Palm Beach County, Florida, more par- ticularly described as follows: .... ::t- O -4 ~. ('T) 00 o U1 CO COMMENCING at the Southeast corner of said Section 29; thence S. 88-02' 22" W. along the South line thereof, a dis- tance of 1445.58 feet to an intersection with the Southerly projection of the Easterly Right-of-Way line of the Lake Worth Drainage District Canal E-4 as described in that Quit Claim Deed to the Lake Worth Drainage District and recorded in Official Record Book 2146, Page 176 of the Public Records of Palm Beach County, Florida; thence N. 00-24' 11" E. along said projection line, a distance of 305.61 feet; thence N. 20-54' 51" W. along the East Right-of-Way line of said Lake Worth Drainage District Canal E-4, a distance of 553.79 feet to the POINT OF BEGINNING of this description; thence con- tinue N. 20.54' 51" W. along the East Right-of-Way line, a distance of 972.28 feet to a Point of Intersection with the Westerly projection of the South line of "PALM BEACH LEISUREVILLE SECTION 3", as recorded in Plat Book 28, Page 243, 244 of the Public Records of Palm Beach County, Flor- ida; thence N. 65-52' 06" E. along said South line, a dis- tance of 248.35 feet to the Southeast corner of Lot 4, Block 23 of said "PALM BEACH LEISUREVILLE SECTION 3"; thence N. 88-26' 51" E. a distance of 60.00 feet to a Point of Inter- section with the West line of Block 33 of "LAKE BOYNTON ESTATES PLAT NO.2", as recorded in Plat Book 14, Page 17, of the Public Records of Palm Beach County, Florida; thence N. 01-33' 09" W. along said West line, a distance of 180.09 feet to the Northwest corner of Lot 12, Block 33 of said "LAKE BOYNTON ESTATES PLAT NO.2"; thence N. 88-26' 51" E. along the North line of said Block 33, a distance of 368.39 feet; thence S. 01-06' 24" E. a distance of 440.30 feet to a Point of Curvature; thence Southerly along the arc of a curve to the left having a radius of 1540.00 feet, a central angle of 18.06' 13", an arc distance of 486.59 feet to a point of reverse curvature; thence continue Southerly along the arc of a curve to the right having a radius of 1750.00 1" eet, a centrl!ll ang 1 e of 09.11' 48", an arc distance of 1 of 3 280.90 feet; thence S. 88-26' 51" W., a distance of ~67.85 feet to the POINT OF BEGINNING. Said lands situate in the City of Boynton Beach, Palm Beach County, Florida. Containing 14.0258 acres, more or less. The above description being in accordance with a sur- vey of Caulfield & Wheeler, Inc., dated November 12, 1986, Job No. 387, (the "Property"), in accordance with the terms of a written contract between the Corporation and Tradewinds Development Corp., which contract was assigned to "Howard R. Scharlin, as Trustee (the "Buyer"). BE IT FURTHER RESOLVED that in accordance with the By- Laws of the Corporation, and in particular, Section 3, the Chairman of the Trustees of the Corporation is authorized to execute all deeds and legal documents on behalf of the Cor- poration, and that said Section 3 further provides that the Chairman shall also be deemed to be the President of the Corporation, and accordinglY, the Chairman of the Trustees being A. A. STUART, is hereby directed to execute and deliver on behalf of the Corporation any and all deeds, af- f idav its, agreements, closing statements, assignments, and any other instruments and documents as may be necessary or required in order to sell the Property and conform to the terms of the contract of sale. I FURTHER CERTIFY that the above Resolution was duly and regularlY enacted at a meeting of the Corporation called for that purpose and rleld in accordance with the articles of incorporation and By-Laws of the Corpora- tion and the laws of the State of Florida; that the Trustees of the Corpo- ration have full power and authority to bind the Corporation pursuant thereto; and that the Resolution is in full force and effect as of the date of this Certificate and has not been altered, modified or rescinded. I FURTHER CERTIFY that the Corporation is an independent, congressio- nal type of Church, which is autonomous and governs its own affairs in ac- cordance with its own By-Laws, and accordinglY, the Corporation is not sub- ject to the control of any higher organization or body. I FURTHER CERTIFY that the Corporation is the Owner of the Property and that the Property is free and clear of all liens, taxes, claims and en- cumbrances of every kind, except as may be set forth in the Deed and except for real estate taxes for 1986; and that there are no unpaid-for improve- ments, alterations, or repairs to the Property; and that there are no claims for labor or material furnished for repairing or improving the Prop- erty which remain unpaid; and that there are no mechanic's, materialman's or laborer's liens against the Property, nor has any work been performed or materials supplied to the Property contracted for by the Corporation, within the preceding 90 days, that has not been paid for by the Corpora- tion; and that the personal property, if any, being sold to the Buyers is free and clear of all liens and encumbrances; and that the Corporation knows of no violations of Municipal Ordinances pertaining to the Property; and that no judgment or decree has been entered in any court of Florida or the United States against the Corporation which remains unsatisfied; and that there are no matters pending against the Corporation that could give rise to a lien that would attach to the Property between the date of the disbursement of the proceeds of sale and the date of recording of the deed; and the Corporation has not and will not execute any instrument which would adverselY affect the title to the Property. nJ :t- O -4 0- ('T) 00 o I.fl CO I FURTHER CERTIFY that the Corporation is a domestic corporation organized pursuant to the laws of the State of Florida. This certifica- tion is partially made with the knowledge that the Buyer and the closing agent will rely on it to establish that the Corporation is not subject to the withholding tax provisions of the Foreign Investment in Real Property Tax Act of the United States of America. I FURTHER CERTIFY that there is no person in possession of the proper- ty other than the Corporation and that there is not any claim for posses- sion to the Property from any other person. 2 of 3 e , I FURTHER CERTIFY that the transfer of the Property to the Buyer does not represent a sale by the Corporation of all or substantially all of the assets of the Corporation. I FURTHER CERTIFY that this affidavit is made for the purpose of in- ducing the Bu)'ers to purchase the Property from the Corporation, and to in- duce Chicago Title Insurance Company to issue an owner's title insurance policy. I FURTHER CERTIFY that I am familiar with the nature of oaths and with the penalties as provided by the laws of the aforesaid State for falsely swearing to statements made in an affidavit, and that we have read the facts of this affidavit, understand them fullY, and herebY state that the facts are true. '1 I / .L.t,-.. _ t (c1. I STUART, Tr stee-Ch~resident A,<\~~b'i\~~secretarY . '., :.. i , . STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this ~ day of November, 1986, before me, ap- peared: A.A. STUART and A. CLYDE WORRELL, to me known to be the President and Secretary of the above named Corporation who executed the foregoing and acknowledged the same to me. K-- [NOTARY SEAL] '1,: My Notary Public, St<1te of Florida at large. My Commission Expires Nov. 11, 1989. Bonded thru Notary P.ublic. Underwriters.. - " .. . , .. ~ , \ '\ ''';'. (Tl ::t- O ~ a... (Tl 00 o Lfl 00 3 of 3 RECORD VERIFIED PALM BEACH COUNTY. FLA. JOHN B. DUNKLE CLERK CIRCUIT COURT . -" 'I' - "W.'RRANTY DEED ,,'. . FROM INDIVIDUAL TO CORPORATION RAMeo FORM 34 ~. v"" 'l.i.r..' .... ~1I'Y' '.q . J ?HIL'p (3 ~AON - ~OO S. b'N\C' ""'W1 ~ U ,"'E S <:.- ~OCA R4~, Fi... ~ 4~1. A. D. 1986 by :'0 Together with ", . . o wIse apper/ammg, , t? \8'~\ ::l ::J -I '\.J ::J " ..0 ::X3 o ~. ~ N ::> Q % to Q:) m ~5,a-O ( q(). \!). i ell') .~ 8'. ..D o ..IJ o 0- o r o Ln Q:) / This lttIarranty ieed Made the SOL C, SHAYE and JONATHAN I. IaSLAK, as lrereinafter called tlw grantor. to HOWARD R. SCHARLIN, as Trustee a corporation existing under tlw laws of the State of FLORIDA address at 1399 S. W, First Avenue, Miami, Florida 33130 hereinaffer called tIle grantee: 7th day of Co-Trustees November . with its permanent pos/office (\"Ih(,l"ever used herein the terms hgrantorH and "grantee" include all tlle parties to this instrument and the heirs, leKaJ representatives and assiRns of judivjduals, and the successors and assigns o( corporations) ltlJitnesseth: T/lGt /110 grantor, for and in consideration of the sum of $ 10,00 and other valuaMe considerations, receipt whereof is hereby aCknowledged. hereby grants. bargains. sells. aliens. re- mises, r~leases. conveys and confirms unto the grantee, all that certain lanel situate in Palm Beach County, Florida, viz: Description of land set forth on "Exhibit A" attached hereto and made a part hereof, SUBJECT TO building and zoning regulations now in force and applicable to the property and effective as of the date hereof; covenants, restrictions, reservations, dedications, rights-of-way and easements of record; and any fact which would be disclosed by a survey by Richard L. Shephard and Associates, Inc., dated February 7, 1985, and an inspection of the subject premises. n 'OCr-, \ t d\ 1..\ {o. -.<:.:. oet~t.ry Ta. " . ' . tl.tftl:glbh .,.. ,.. cr;r~~'l.rt" all the tenements. hereditaments and appurtenances tllereto belonging or in any- 10 ltaue and to }told, tlte same in fee simple forever. ilnd the gran/or lterehy covenants with said grantee tltat the grantor is lawfully seized of said land in fee simple; that t/w gran/or liaS good rigllt and lawful autlwrity to sell and convey said l,.md; that the grantor Iwreby fully warrants the litle to said land a nel will de/end tlw same against the lawful claims of all persons w!lOmsoeuer; and t/lat said land is free 0 f all encumbrances. except laxes accruing subsequent to Deceml)(!r 31. 19 85. lln 'Witness ~hereof, first aholJe written. tIle said grantor has Iwreunto set our lland and seal the day and year .-'/ /// I'}.' $.4Z/a;l~.,s.r" t/ ()LP2--\. ~ p' , SOl"~'. ~:'-'~Slii:i'~iF:-~ .'::.Tfli'snSEi....................... ............\. ..._.....~... ...~..._....................... Jonatha I. lak, Co-Trustee ) . ~ss: I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared SOL C. SHAYE, co-trustee, , ' '-. > to me known to be the person kscribed In and who executed the foregoing instrument and he before me that he.' executed the same, acknowledged \\lIT:\'ESS r..;, hand and official seal in the County and State last aforesaid this 4th day of November . . .\',. t.l;( " "'~"""'/' ..~t:~ .~~l~':....._:?.!..i:<:_~.. .. .................... .. ..." L... Notary Public . " - , dA , ~ > state of Fl'or.iiq.~\.~t\:Ca.~9"e Joel P. Newman,Esq. My Comritf-ssi'ohEX?:1.res: 420 Lincoln Road-Suite 25 8 (',RO~ARV 'PUBlic'STATE Of' rlCRTOA Miami Beach, Florida 33139 HY"COPlNISSION EXP. tEB 23,I;YO BONDED THRU GENERAL I~S. UUO. , t\, D. 1986" (Seal) This IlIS/rume1l/ prepared by: Address r- C) -D o CL o r o Ln Q) STATE OF FLORIDA ) ) ss: COUNTY OF DADE ) I HEREBY CERTIFY that on this iday, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared JONATHAN I. KISLAK, co-Trustee, to me known to be the person described in and who executed the foregoing Warranty Deed and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 4th day of November, 1986. (SEAL) ,', \ / .......-',7 .. I / '.. /,. (. '''-Z,/, '( I,: if ~ I '. C If (~, /) .1" Notary Public -/ State of Florida At Large My Commission Expires: " NOTARY PUSlIC STATr or rlORIOl MY 'CO~MlssrOH EXP, SEPT 2,198i BONDED THRU GENERAL IMS. UNO. '. E"-rhl ~IT ''A'I ,iJJrAf{GE~~_ Lots 2, 3 and 5, Block II-A; Lots 2 to 5. inclusive, Block 18; Lots 2 to 5, inclusive. Block 18-A. LAKE BOYNTON ESTATES PLAT 1, according to the Plat thereof, as recorded in Plat Book 13, Page 32. Public Records of Palm Beach County, Florida: in Lots 13 to 24, inclusive. Block 21; Lots 17 to 23, inclusive. the West 25 feet of Lot 24, the East 25 feet of Lot 25. and all of Lots 26 to 32, inclusive. Block 22: Lots 1. 2, 5 and 6, Block 23; Lots 5 and 6. Block 24; all of Block 25; Lots 1 to 5 and 20 to 24, inclusive. Block 26; Lots 1 to 5 and 27 to 36. inclusive. Block 27: all of Blocks 28 and 31: Lots 1 to 9 and 33 to 36. inclusive, Block 32; Lots 1 to 4 and 21 to 24, inclusive. Block 33; Lots 15 to 17 and 22 to 31, inclusive, and Poinciana Park in Block 34; Lots 1 and 2, Block 35; lots 1 and 2, Block 36; all of Block 37: Lots 1 to 5 and 22 to 27, inclusive, Block 28, LAKE BOYNTON ESTATES PLAT 2, according to the Plat thereof, as recorded in Plat Book 14, Page 17, Public Records of Palm Beach County, Florida; in Lots 1 to 7, Block 39; al I of Block 40; Lots 1, 2,5 and 6, Block 41; Lots 1, 5 and 6, Block 42: all of Block 43: Lots 17 to 21, inclusive, Block 50 and Lots 16 to 19, inclusive. Block 51, LAKE BOYNTON ESTATES PLAT NO.3, according to the plat thereof, recorded in Plat Book 13, Page 53, Publ ic Records of Palm Beach County, Florida. LESS that part title to which was vested in the State of Florida by Final Judgment recorded in Official Records Book 639, Page 1639; And in that part of Lots 2, Block 42, and Lots 1 and 6, Block 47 of said LAKE BOYNTON ESTATES PLAT 3, lying within the following described area: Beginning at the Southwest corner of Lot 1, Block 47; thence N. 01 degrees 35' 08" W.. along the West 1 ine of said Blocks 47 and 42, a distance of 410.0 feet to the Northwest corner of said Lot 1, Block 42; thence N. 88 degrees 24' 52" E., a distance of 100.0 feet to the Northeast corner of said Lot 2, .Block 42. thence S, 08 degrees 11' 49" W., a distance of 416.05 feet; thence S. 88 degrees 24' 52" W.. a distance of 29.31 feet to the POINT OF BEGINNING. And in a part of Section 29, Township 45 South. Range 43 East, more particularly described as follows: Beginning at the Northwest corner of Lot 22, Block 34, LAKE BOYNTON ESTATES PLAT 2. as recorded in Plat Book 14, Page 17, of the Public Records of Palm Beach County, Florida; thence N. 01 'degrees 35' 08" W. along the East line of Blocks 34, 31, 28 and 25, of said LAKE BOYNTON ESTATES PLAT 2, a distance of 880.00 feet to the Northeast corner of Lot 22, Block 25, of said LAKE BOYNTON ESTATES PLAT 2; thence North 88 degrees 24' 52" East, along the South I ine of Blocks 24 and 25, of said LAKE BOYNTON ESTATES PLAT 2, a distance of 700.0 feet to the East line of said Section 29; thence South 01 degrees 35. 08" East, along said Section Line, a distance of 880.00 feet to the Northeast corner of Block 35. of the aforementioned LAKE BOYNTON ESTATES PLAT 2: thence South 88 degrees 24' 52" West, along the North line of Blocks 35 and 34, said LAKE BOYNTON ESTATES PLAT 2, a distance of 700.0 feet to the POINT OF BEGINNING. DO o -D o 0- o r- o lfl OJ ";., / WR10:D18 ) PREPARED'i:By:iAND'RETURNi TO: Law Offices of Philip G. Braun Royal Palm Tower III Suite 5C 1600 South Dixie Hwy. Boca Raton, Florida 33432 (305) 368-5700 -i o CO ::r -I ..., .D 00 SPECIAL WARRANTY DEED THIS INDENTURE, made on this ~ day of OJ ob-e...-(' , 1986 <4 U') N ';:1':. Q.. BETWEEN: HOUSING CAPITAL CORPORATION a District of Columbia Corporation Washington, DC (hereafter the "Grantor") ~ N >- <:;:) :z: c.c co S!2 AND: HOWARD SCHARLIN, TRUSTEE c/o Katcher, Scharlin & Lanzetta 1399 SW 1st Avenue Dade County Miami, Florida 33130 (hereafter the "Grantee") ?-c;.oo noc~ntftTY T~x Pd $ $ In~en:llbll! Tu Pd. ci.~1Z 1;<.i~2..:. .lorida WITNESS: That said Grantor, for and in consideration of the sum of Five Thousand Dollars ($5,000.00), and other good and valuable con- siderations paid by the Grantee to the Grantor, receipt of which is hereby acknowledged: hereby grants, conveys and warrants unto the Grantee, the real estate described below (the "Property"), and '5 avo. c)() ~1.(Pu ~5.CO AND which conveyance is made sUbject to restrictions, easements covenants of record, if any. Lot 8, Block 39 of LAKE BOYNTON ESTATES PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 53. AND THE GRANTOR, by this Deed, fully warrants the title to the Property, and will defend the title against the lawful claims of all persons claiming by, through or under the Grantor. The terms "Grantor" and "Grantee" are used for the singular or plural, as the context may require. 00 ::t- O -I 0- M CO CJ Lfl CO IN WITNESS WHEREOF, the Grantor has hereunto set the Grantor's hand and seal on the day and year first written above. Signed, sealed & delivered in our presence. HOUSING CAPITAL CORPORATION G~-' ,. ,'.. ---- . .//~ ~ .,H.-- " ~, ,...'.<~ ~ BY: ~!-,:. - ,. ..-' --F-. ._.- .' "" .' .- .// Pres. ...-...~ ~4tu_<-'G/ C m }(.li~ Witness 114t~$&t/n~ Witness Page 1 0- ::::t- o --f 0- m 00 (:) l.J"'l CJ:) STAT~ J)/:;.Tf!JGI OF} ~Y -OF C-OLUHSIf1) I HEREBY CERTIFY, that on this day before me, an officer du~~ qualified to take acknowledgments, personally appeared: :!t\.....es VVl. CA ue..-lI to me known to be the President of Housing Capital Corporation, the person described in and who executed the foregoing instrument and ac- knowledged before me that he executed the same. WITNESS: my ha~d and officia~ seal forth on this ~ day of ():~~ in the County and State last set , 1986 CC/e0~,-, JA.. bt4( ~ Notary Public ~12 )/ My commission expires: I r."q q I (Notary Seal) ~' \',', :, .... Page 2 Lots 11 and 12, Block 21; Lots 8 to 19 inclusive, Block 26; Lots 6 to 26 inclusive, Block 27, Lots 10 to 32 inclusive, Block 32; Lots 5 to 20 inclusive, Block 33 and Lots 6 to 21 inclusive, Block 38, LAKE BOYNTON ESTATES PLAT NO.2, according to the plat thereof on 4 ~ 75cVOO file in the office of the Clerk of the Circuit Court in and for I , Palm Beach County, Florida, recorded in Plat Book 14, Page 17; I 5:c, 0 1, Y37,S{) .:...t fTl :.;.0 ::I- ::l- N ..0 00. co N ~ ::IE: <: QO 0- W..I en ~ e:l 0- f::) 00 o D..- cr a a Ln Q:) ,4 Docllftntary Tax YO $ -Z . Inunslble .,.. C1e~FIOr1dA REPRESENTATIVES' DEED ':fI.> / THIS INDENTURE executed this It: day of .. I} 111 "'I/-ey,' , 1986, between JANET FIELD RILEY, MARTHA FIELD FITE and B. D. RAWLS, as Joint Personal Representatives of the Estate of Newton Rowe Field, also known as N. R. Field, Deceased, and as Joint Personal Representatives of the Estate of Janet Knox Field, Deceased, Parties of the First Part, and. HOWARD R. SCHARLIN, as Trustee~' the Second Part, whose Post Office address is Party of 1399 S. W. First Avenue, Miami, Fla. 33131 WITNESSETH: The Parties of the First Part, pursuant to the powers of sale granted to them by the Wills of their decedents, and in con- sideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations, to them in hand paid by the of the Second Part, the receipt whereof is hereby acknowledged, grant, bargain and sell to the Party of the Second Part, his heks and assigns forever, the following described real p~pperty in the County of Palm Beach and State of Florida, to-wit: Lot 8 and Lots 10 to 13 inclusive, Block 15, and Lots 8 to 18 inclusive, Block 20, LAKE BOYNTON ESTATES PLAT NO.1, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 32; ~ ~ AND I:l <: <:V .:1 v <L C 1"") ~ q} V)--.( ~ ~ . &- ~('lr AND '\., That part of W ~ of SE V4 of Section 29, Township 45 South, of Range 43 East, lying East of the center line of the E-4 Drainage Canal, and West of Lake Boynton Estates and South of Palm Beach Leisureville, Plat No.3; subject to canal right-of-way more par- ticularly described as follows: Beginning at the Southwest corner of Lot 26, Block 23, PALM BEACH LEISUREVILLE Third Section, according to the Plat thereof as recorded in Plat Book 28, Pages 243 and 244, Public Records of Palm Beach County, Florida; thence North 65050'07" East, along the South line of said Block 23 and the easterly extension thereof, a distance of 278.41 feet to the centerline of S. W. 8th Street; thence South 01035'08" East, along said centerline, a distance of 307.62 feet to an angle point in said centerline; thence con- tinuing along said centerline, South 18041'18" East, a distance of 1115.65 feet; thence along the arc of a curve concave to the West having a central angle of 17006'10", a radius of 834.55 feet, a distance of 249.11 feet; thence continuing along said centerline, South 01035'08" East, a distance of 235.30 feet to the centerline of Woolbright Road and the South line of aforementioned Section 29 as shown on Road Plat Book 4, Pages 84 thru 86, Public Records of Palm Beach County, Florida; thence South 88052'00" West, along the South line of said Section 29, a distance of 205.49 feet to the centerline of L.W.D.D. Canal E-4; thence North 0022142" East, along said centerline, a distance of 306.04 feet; thence con- tinuing along said centerline, North 20056'50" West, a distance of 1510.13 feet; thence North 65050'07" East, a distance of 75.0 feet to the POINT OF BEGINNINC, containing 9.817 acres of land more or les~ ----- o -f CO a 0- cr a a Ln (0 SUBJECT TO THE FOLLOWING: 1. Taxes for 1986 and subsequent years. 2. Applicable zoning ordinances. 3. Conditions, restrictions, limitations, reservations and easements of record. 4. ~urchase Money Mortgage from Party of the Second Part to Parties of the First Part in the original principal amount of $341,250.00. Together with all and singular the tenements, hereditaments and appurtenances belonging or in anywise pertaining to the real pro- perty described above. TO HAVE AND TO HOLD unto the Party of the Second Part, his heirs and assigns in fee simple forever. And the Parties of the First Part do covenant to and with the Party of the Second Part, his heirs and assigns, that in all things preliminary to and in and about the sale and this conveyance, the powers of sale contained in the Wills of the decedents and the laws of Florida have been followed and complied with in all respects. IN WITNESS WHEREOF the Parties of the First Part, as Joint Personal Representatives of the Estate of Newton Rowe Field, also known as N. R. Field, deceased, and of the Estate of Janet Knox Field, deceased, have executed this instrument under seal as of the date aforesaid. Signed, sealed and delivered in the presence of: ~t~~~~~ TJ(~~A (~/ncu D. J~ KJ-Ik:~ ai~a,J 9 JuA-Jc. ~tf~ (SEAL) t,n/~, '::6e:tltJ ~-!:t;J MARTHA FIELD FITE (SEAL) r L96t ~4-- B. ~ RAWLS (SEAL) As Joint Personal Representatives of the Estate of Newton Rowe Field, also known as N. R. Field, deceased, and of the Estate of Janet Knox Field, deceased. STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) I hereby certi~JJ~hat the f instrument was acknow- ledged before me this \ day of , 1986 by JANET FIELD RILEY, as Joint Personal eprese ative of the Estate of Newton Rowe Field, also known as N. Field, deceased, and of the Estate of Janet Knox Field, deceased. My Commission Expires: Florida at Large \D/Ilt)/&~ . '> .....r., A .... .... CO o 0- cr a o Ln Q:) . . " STATE OF FLORIDA } COUNTY OF DADE ) I hereby certify that ~e foregoin acknowledged before me this /$ _ day of , 1986 by MARTHA FIELD FITE, as Joint Personal R resentati e of the Estate of Newton Rowe Field, also known as N. R. Field, deceased, and 'of the Estate of Janet Knox Field, deceased. . :.' ..,'" . . . , . .. . ~ , . : ': ....:: ~ ~, . / My Commission Expires: NOTARY PUBLIC STATr Of FLORIDA MY COMMISSION EXP. MAR 26,1988 BONDED THRU G~ERAL INS. UNO. J l tflt/L O.J~ .' J. '. NOTARY PUBLIC, State of', Florida . tI '~, '.. . . . ';. .,.: '.~ a to .L~~~~ \ ...... ,-. ., ... . .~ . rf:' .' "'- .(!>'l:'I:".,,.r _ ~ ' ~" ".'. r',. . '.,.' ': I"" ~ ~ .,' . STATE OF FLORIDA COUNTY OF DADE I hereby certify that the fOregO~ instrument acknowledged before me this II day of ~ ~,tL<J;t- by B. D. RAWLS, as Joint Personal Representa ve of the Newton Rowe Field, also known as N. R. Field, deceased, Estate of Janet Knox Field, deceased. was , 1986 Estate of and of the My Commission Expires: NOTARY PUBLIC STArr OF FLORIDA MY COMMISSION EXP. MAR 26,1988 DONOEO THRU G~HERAl INS. UNO. . c-b:((i0 (j),d~ NOTARY PUBLIC, State of Florida at. Large RECORD VERlflED pALM BEACH COUNTY, Fl JOHN B. DUNKLE CLERK CIRCUIT COURl tWas Prepared By: This lnstrumen WICH ESQUIRE RICHAHD J. H?~ables F~dera' Building Second FIO~~4~o~~NSET DRIVE CORAL GABLES, FLORIDA 33143 ~-'" , . ..,.",. $:' " LI1 ('T"l =t- c- oo -.., U1 (Xl co ("") M Q: N S2 --- -= IJ") = ~ ) $ t.."'"CD CC . . ,.. 'i, ~O ) 15, cO 0- ..D r C) C- o (T') ..D :r co ~'f i" jJ , (' ) /".. ..... .". Prepared by and Return to: Anni w~ Collette, Esquire Boose, Ciklin, Martens & Lubitz 8th Floor - The Concourse 2000 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 "'"nc;CC ~.t.,.,. Tu N' ,;;{ I...., - . f { l..t"'tl~l. 1.... fd e .~m i...-~f\"J~ . WARRA~!" DEED js-r THIS WARRANTY DEED mace and executed the cav of August, A.D., 1985 by GEORGE T. ELMORE, Individually and a~ Trustee, hereinafter called the Grantor to HOW&~ S~IN, as Trustee , whose post office address is 1700 Sou t h D i xi e Hi g h way, B 0 caR at 0 n , F lor i da 3 343 2 , her e i n aft e r called the Grantee. WITNESSETH: That Grantor for and in consideration of the sum of 'S10.00 and other valuable' consideration, receipt whereof is hereby acknowledged, by these presents coes gr ant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Palm Beach, Florida, viz: Lots 6, 7, 8, 9 and 10, Block 21, and Lots 6 and 7 of Block 26, LAKE BOYNTON ESTATES, PLAT NO.2, according to the Plat the::eof on file in the Of=ice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 14, Page 17. SUBJECT TO: 1) Zoning and/or restrictions or prohibitions impos~d by governmental authority. 2) Restrictions and matters appearing on the plat of Lake Boynton Estates, Plat No.2, Plat Book 14, Pace 17, Public Records of Palm Beach County, Florida, or otherwise common to the subdivision. 3) All other restrictions, reservations, covenants and easements of public recore. ~) Rights-of-way of recore. 5) Taxes for the year 1985 and subsequent years. 6) Mortgage from George T. Elmore, as trustee, to Eucene J. Krav and Maureen E. Krav, his wife, dated June 27, 1984 and recorded June 29, 1984 in Official Records Book 4282, Pace 1978, of the Public Records of Palm Beach Countv, Florida, in' the 0 rig i n alp r in c i pal sum 0 f S 1 7 rOO 0 . 0 0, w hie h mo r t gag e Grantee herein assumes and agrees to pay. TOGETHER with all the tenements, he:-eoitaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; tha t Gr antor has good right and lawful author i ty to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend'the same against the lawful claims of all persons whomsoever. .... ' .11 IN WITNESS WHEREOf, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delive:ed in the presence of: " ,.-. / l ;6.' . >" -..... -..... ,.~-, I' As to Grantor STATE OF FLORIDA COON~Y OF PALM BEACH / ~. / 2%:- /~-/_::~ GEORGE/T. ELMORE, Individuallv ~/a~ Trustee - I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments personally appeared GEORGE ~. ELMORE, Individ- ually and as Trustee, known to me to be the per son namec as Grantor in the foregoing deed, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily for the purposes expresseo the:ein. WITNESS mv hand and official seal in the County and State last aforesaid this ,. day of August, 1985. (SEAL) J ~i,J~AA"~';;";;;';;~";~:'''''' .-- .../ . . /" . .: L ,- '-~~'. ,.," ',-. _\. :... \... ,'.:'" ':" -. " , . ...... "::'" "-.:., .'. Notary Public :' .!:.:~. : . ': ).... ',' My Commission Expi~~:..: ':~'- .: .:: ',' . \ :'.': " ~r~:~:'j' ;:;::.::c: :';;~ ,..i:~..,,~:.~' ::':" ../ ll.,/ 0..;.:..;..::.;;: i:.:;;iil" n..:.... 15. 1186 .::. .>:>. .i-Jo",..: 'oill.; l'Oy f...... Itu&aU~ .... . ~ .~ '.'~ ~ ': " . .... . qr:':C'RO VERIFIED ?.!lLivl BEACH COUf\;T't. FLA JOHN B. OUNKL: CLEAK CIRCUIT COURT 2 -_........-...~~ ..<' ,_, :;"._., .,,",,,,'1/.-' ~~ir~,;"w ," I'.,"" il~' ,~ .j. ,'f ~ \ , . ~ '..\,...."~'.~, ':\. - ~. <'::.;.<: ,\,:.' ,",:, ,,'~'< ' . . :.,},..{~:"" .' .' t ,_,0; :,l);.'{ ~~~~_; J .;-,,;'\i'" . . ;;"d}~~ ::;_>,i>.". . ,;\.:~\~~i:,t , ( . .;.,. I . , \...',~.. '. i/ Q~t~f:~ :\>}"i . :'.l!~i' .\ . , -: i ~.\.~!~.~" , \'. '.:":- ' ~~~i; .' .L ..'." :". .. '};:i;:\i\~k!'~;~;'~~~ ," . ,\""~/>'''''j ,.,.>,,0<, ' C ';' '~.~.~: r~'~i. ~?t:.! . . ". . rt I~~~" ,:.\!h"/ ,,\ \ , '" \<{>\~~J~')t;: . j ...~,"-':-.f. -::\ . '.1:. " ,I; t, .{ '?\I \,' ," ~\;1?~tc' .~ " ,. ~ 'i ".'j .il' I': l,' l' " . ' ~_ d '.. ~, , "~ '\, f\\,EllO: .~.,-r .J., ,~ 11,;;- ,r .~ .' ~ \ .. ":l~~' ,~,(.,~~,f~: l.::' t'., '. ,.\:\..... '~,;'g~;~,'1 ,: t{ I \ . ,. ,- \ .,:/:,;",>t:, ' \ '~~" \~~t~/;~::~::,"': . '" .. l, -( . '\ i' "'.1 ',l ",\ " ~. ' /{' .' ~ ,'. ~ .~~~ .~. .\' '. t I,. I ,I'~'; , ..' . \ , It ... ,~ . LOCATION MAP - - SHOPPES OF WOOLBRIGHT , ..........--- ~"i .~A -. , , :3 ( REC