APPLICATION
MEMORANDUM NO. 94-185
TO:
Tambri Heyden, City Planner
Don Jaeger, Building Official
John Gui dry, Utilities Director
Charlie Frederick, Recreation & Park Director
~ If "G
FROM:
Carrie Parker, City Manager
DATE:
May 31,1994
Please review the draft agreement attached between the City and Tradewinds. I
realize that many of the items are specified as included on the attachments, and we do
.~not have any ~tt~~hments yet.
We have requested Mr. Morton to provide those as soon as possible and will forward
them on to you when received. We are trying to get this item ready for the June 21 st
agenda. Please forward your comments directly to the attorney with copies to me.
Thank you. .
{&~ AJ-
Carrie Parker
City Manager
ill
MAY 3 , ~..
00
CP:jb
attach.
agree.mem
SE.'\T BY:
5-17-94
15:12 :JOSL<\S & GORE"J. P..-\.'
Boyn:on Bch :ax;# 2/ 7
IN THE CIRCUIT COURT OF THR
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY I FLORI DA
CASE NO. CL-66-3661-AE
TRADEWINDS DEVELOPMENT CORP.,
a Florida corporation,
Plaintiff,
v.
THE CITY OF BOYNTON BEACH,
a Florida municipality,
Defendant.
I
SETTLEMENT AGREEMENT
'fHIS SETTLEMENT AGREEMENT is entered into between THE CITY OF
BOYNTON BEACH ("CITY")
and TRADEWINDS DEVELOPMENT CORPORATION
("TRADEWINOSlt), thi!i
day of
, 1994.
WITNESSETH
WHEREAS, tho partios have heretofore been engagod in lonq,
arduou$, and costly litigation 1 and
WHEREAS, the pa~ties have engaged in negotiations which
resolve all outstanding development issues, including issues
involving the interpretation ot the previous stipulations entered
into between tne parties a~~ the court orders lrnplecenting same;
and
WHEREAS, the parties have agreed upon terms that will bring
the litigation b~tween them to completion in a manner which is
equally beneficial to the CITV, to TRADEWINDS, and to the citizens
of the CITY.
NOW, THEREFORE, in consideration of the mutual covenants
e~pressed and exchanged herein the parties agree as follows:
'SE\T BY:
7-34
15: 13 :JOSL\S & GOID, P. A. -
Boyn:on Bch :ax;# 31 7
1. The foreqcinq whereas olauses are true and correct.
z. INDUSTRIAL ACCESS ROAD AND NEW RAILWAY CR.OSSINC: Tho
part.ies acKn0\o11edge that the railrced cros:sing at Ocean Orive
cannot, wltn any degree oC certainty, be closed in the foreeeeable
future. The obligat.ion or TRADEWINOS to COTI5truct the industrial
access road as referenced in paragrapn l8B ot the stipulation and
SettleItent: Agreement is inconsistent with both the current econom1c
_ and planning forces which affect the property.
The CITY shall
release TRAOEWINDS of its obligation to locate and co;::~~~~~
industrial access road as previously depicted on the(Master Plan ~
~J.);(-
conditioned upon the occurrence of the following:
A. TRADEWINDS has obtained and has provided to the
City a letter from CSX Railroad which states that
~Q railroad crossing a~ Ocean Drive is not
echedul~d for closurs and that a new railroad
c-rOBBinq ali9ned with the industrial aocess road is;:
not permitted. A copy of the letter is attached as;:
~ibi~
B. TRADEWINDS shall provide the CITY with G copy of
the agreement or Letter of understanding with
William Winchester indicating agreement between
Winchester and TRADEWINDS that:
(1) Winchester and TRADEWINDS agree to a
n abandoning the ~ '7
industrial access road as depicted on th~ I
Master Plan and denoting that road as a
2
'-94 15:13 :J()SL~S & GORE\. F..-\. -- Boyn:lJn Beh :n::; t! 7
JR-<1' ~~... ~
privata 8"rvioe ~th~_"nt right.s J
granted from SouthwQst 9th street to tho CSX
Rail~oad ri9ht of way all as dQpictQd on the
revis~d Pl~n5 attached hereto aa Exhibit ~
(2) Winchester, pursua.nt to the Lette~f
understanding attached hereto ftS 5xhibit ~
shall convey to TRADEWINDS real property
adjacent to the T~EWINDS property and
depicted on Exhibit ~ The CITY agrees that
~additional ~ can be located on the
~t.',1 ti'Y:
~
..."r-
property referenced in this subsection subjec~
/ ----
_ .~~~V~ height and size limitations set
~~tv-~ __orth in the CITY'. Sign ordinanc~. The City
j~~~~~_J( further agrees that it will issue, upon proper
!17 0 ~ ~v-/l/" applicat.ion and payment of fees. permits to
clear thQ Winchos.ter property of tr~Qs and
J.
VESTIN:i:
underbrush, provided thQ prop9rty owner makes
rea30nable a~~uranoeB that he will thereafter
mulchi ~eed, and main~ain the property.
vl;;st:ea ror the purpose or county ana. Clt:y impact tees
The parties agree that TRADE\iINDS li:ihall be
:I
~
~
November 1986. TRADEWINDS shall complY with al
they currently exist or, as they are amended hereinafter
Dl the CITY. ~RADEWINDS shall pay building and permitting fees
To the extent that a category of fee did
was thereafter implemented by the CITY,
/bGSed upon 1986 rates.
not exist in 1986 and
~i.J.
3
/
SE\T BY
~17-34
15:14 :JOS1AS & GORE\. P.A.~
Boyn:on Bch :ax;~ 51 7
TnADEWINDS, it~ SUCCQasors or assigns, shall pay such fees. This
provi~iQn yith respect to vesting i~ no~ ~ranGfQrablo, doe~ not run
with the land, does not inure to the benefit of subsequent
purchasers fTO~ TRADEWINDS, ~nd i~ intended to be a benefi~ solely
'to 'TRADEW.INDS.
4. ENVIRONMENTAL INQUIRIES; The CITY agrees th~t all staff
communication wleh outside regulatory aqencies, environmental
grouPI organization, or individual, regarding allegations ot
environmental violations or deficiencies on the TRADEWINDS property
shall be reported to the City Manager's office prior to any staff
response being made.
The CITY shall direct it's staff to
coordinate all responses to
inquiries from outside regUlatory
agencies through the City Manager's office. The city shall advise
':'radew inds of all such inquires with in three days followino the
inquiry and shall not r~spond to tha third party request, unless it
i~ a public t"Qcordc r<GquQct, until throo claY$ followin9 notice t.o
Tradewinds. ~ ~~~AJ
WALL/LANDSCAPE BUFFER:'< CITY agrees to permit the
5.
construction of a landscape buffer in lieu of a masonry wall on the
.pcP
west side of theAproperty adjacent to the Leisureville community,
provided 'the landsoape but'rer 1s cons'truc'tea in accordanoe with the
Plans attacnec nereto as EXnJblt ~
o. USES IN THE PCD: The parties agree that the following
uses are permissible 1n the PCD:
All uses perm! tted \U1der current pel) or C-3 zoning
regulations, inclu4ing, ~ut not limite4 to, fast food restaurants.
.
4
~E\T BY.
--
7-94
15:14 :JOSIAS & G{)RE\. P.A. ~
Boyn:on Beh fax:# 6; ~
7. MAS~R PLAN MOD1FlCATION: Exoept as requir&d to depict
the repl.acelllent of t.he induo:strial access road with tho privat2
service road as referenced above, TRADEWINDS shall not be required
to sUbm1t a FeD or PUD master plan modification if developmen!t~
modifications are limlt~ to changes in the~~ial uses~~ . ~~
t(["'''YO ~.
Master Plan modification shall be requ1reQ tor the PUO ~nd the PCD
if changes affect the size, configuration or location or .(a~ ~.
.. · 1iJ11
designatec2 for residential use~ ~~ t. ~
8. This Agreement modifies both the Stipulation and S~~
Settlement dated
and the Stipulation and Settlement
This Agreement is not intended
.Aqreement dated
~c rescind any of the provisions contained therein unless
spacifically address@d herein.
In the event of any confl ict
bQtwQQn the term~ of thi~ ~greQm2nt and an earlier AQreement or
Stipulation, the tQn~s of this Agreement ~hall control.
9. The parties have heretofore entered into an Agream2nt
which describes the manner in which development sub~issions are to
be "~xpedited'.. The Agr.eement is elttached hereto aa Exhibit e
This prior Agreement did not address Building Department process.
The pa~now agree to be bound by the time controls set forth on
EXhibi~as they relate to Building Department submissions.
10. This Agreement shall have no force and et!ect until
approved by a majority of the City Commission and the entry of an
Order approving the stipuLation for Settlement and Dismissal.
11. TRADEWINDS shall pay to the CITY
representinq attorney fees and costs incurred by the CITY in this
5
,
GRANT OF LICENSE BY CITY OF BOYNTON BEACH,
A FLORIDA MUNICIPAL CORPORATION TO
TRADEWINDS DEVELOPMENT CORPORATION,
A FLORIDA CORPORATION
THIS GRANT of License executed and delivered this ~7 day
of ~VE~~c:~ , 1990, by the City of Boynton Beach, a
Florida municipal corporation, located in Palm Beach County,
Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT
CORPORATION, a Florida corporation (hereinafter the LICENSEE).
WHEREAS, LICENSOR owns a parcel of real property which is
more particularly described on Exhibit A attached hereto; and
WHEREAS, LICENSEE owns a parcel of real property which is
simple more particularly described on Exhibit B attached hereto.
NOW, THEREFORE, in consideration of the sum of Ten ($10.00)
Dollars and other good and valuable consideration, the r~ceipt
and sufficiency of which is hereby acknowledged by LICENSOR,
LICENSOR has granted, bargained, conveyed, and sold to LICENSEE
its grantees, heirs, successors, assignees, and nominees forever,
a perpetual non-exclusive license to use the real property
described on Exhibit "A" for the following uses.
1. The installation and maintenance of the landscaped
buffer and improvements on LICENSOR's Property as described in
Exhibit "A" hereto.
2. LICENSEE at its own expense shall maintain the license,
the improvements, and the property upon which the 1 icense is
located in a good state of repair.
3. LICENSEE shall indemnify and save harmless and defend
LICENSOR, its agents, servants, and employees from and against
any claim, demand or cause of action of whatsoever kipd or nature
arising out of error, omission or negligent act of TRADEWINDS,
its agents, servants or employees in connection with or related
to its use under this Agreement of the real property described on
Exhibit A
.
4. LICENSEE further agrees to indemnify, save harmless and
defend LICENSOR, its agents, servants, and employees from and
against any claim, demand or cause of action of whatsoever kind
or nature arising out of any conduct or misconduct of LICENSEE
not included in paragraph three above and for which LICENSOR, its
agents, servants or employees are or are alleged to be liable.
5. Neither LICENSOR nor any agent, servant or employee of
LICENSOR shall be liable to LICENSEE for any loss, injury or
Page 1 of 2
,
''1''''
damage to LICENSEE or to any other person or to its or their
property, irrespective of the cause of such injury, damage or
loss.
6. This License
terminated without the
LICENSEE, and executed
dignity to this License.
7. The grant of the license shall be binding on and inure
to the benefit of the parties hereto, their grantees, heirs,
successors, assignees and nominees.
may not be modified, amended, or
prior written approval of LICENSOR and
with the same formality and of equal
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above.
signed, sealed, and delivered
in the presence of:
- .~~~-:~
~~~-4~
STATE OF
COUNTY OF
as
The foregoing instrument was acknowledged before me this
d<7 day of I'lhv~B€~ , 1990, by t2er/E ..4/~A~
, the ~~y~ of the City of
Boynton Beach, a Florida municipal corporation, on behalf of said
corporation.
~~~~~r~:2L~A~ ~
No ry Public
My commission expires:
A:TRADE.DOC
urT"''.~~'; r'P:-'LIr", ~:'r'\-rr-: OF rLC::':.),'\.
lIlY cor',i.1L.;' Y;;: ;,~:!f;:::S: J~IL? "'J). .
BONDED ','I;:;U 1'i..;,'il\lri f"'l::':tL.j(_~ IHII)I,n...."',tli:.n:<1:
Page 2 of 2
,
....'r
LEGAL DESCRIPTION S.W. 8TH STREET RIGHT-OF-WAY
DESCRIPTION:
A portion of "S. w. 8th StrQot." aA shown on the Plats of
"TIURD SECTION PALM BEACH LSISUREVJ:LLE", a. r.eorded in Plat Book
28 at p~Ses 243 end 244 and "S2COND S~CTION PALH !EACB
LEISOR!:VILLEtI, a. recorded in Plat. Book 28 at paq.. 220 and 221
ot ~he pUblic aecords of Palm Beach County, Florida and more par-
ticularly described as follo~st
BEGINNING at the Southe~st corner of Lot 4, 8LOCK 23 of said
"T8IRD SECTION FALM BEaCH LEISUREVILLEft, ~heno~ N. 89 26' 51" E.
along the. South. line ot "S.M. 8th Street." ~e shown on said pla.t,
a distance of 60.00 feet to the East right of 'Way line of "s.w.
8th street..; thence N 01 331 09" B, a di6tence of 1528.44 feet
alonf said -East rlqht of way 11n. to a po~nt on a eu~v~, then
northwesterly alonq the arc: at a c;1rcUlar curve 'to 'the right
vhose radius point bears N. 65 08' 03" S., having a rad1u.. of
490.00 feet, a central angle of " 43' 05", and arc d:l.etance,
198.21 feet to a point of intersection with the west right ~f way
line of said "S.W. 8th street"; thence S 01
33' 09" E. along the West right of way line a distance of 1&83.92
fGAt to the POINT OF BEGINNING.
Said land!:: lIituate in the City of Boynton Beach, Palm Beach
County, Florida..
.
"
..'
.
~
."
4~
1 ~: 111 ft~n7 2~ 1 lIlt~6 TRAOEWINOS GROllP Ial (lO~
':::'..: .....,.-~.. .!'^l!!! DESClUprIONt.. ::':~'~~";'.' '.'~"~' '~~"~';~'~~~~~~'~'_~~~
. \.J. ....,..,_......~....,.."....
~rtion of Section 29, . Township 45 South, Ran9~ :43 J:la8t'~- Pall
Deach coUQ~Y" I'l.orida. and IS pcrt;!on ot .~'.DOYNTOR !is'l'A'1'BS,Pr..A1
1", as r~c::a~d9Cl in Plat: !look 13, Pa9c 32 ana. .U\](B BO:tNTON '.'ESTATE!
Pf.,AT '2-~ as recorded.in Rlat 'Boole; 14,. Page -11'and ..UtXB DOYw.rO~
ESTATES PLAT 3", a.s recorded in Plat Book .'13. Page 51 all in toll.
Public Records of Palm 'Beach County, Florida, and beinq. more
particularly described as followss' .
-Tracts ~B., -C-~ anc -E-, .SDOPPES ~r; WOOLBRIGUT p.e.D.N,
accordi.nq to the plat; J:;hereof, as reco~ed. in Pla~ . Book' 65, Paqctli
137 and 138, of tohc J'abllc Record$ of ~Cllm De.ch county, .FlOrida.
cOMMENCING at the Southeast corner of &aid Sec~ion 29, Townsh;p45
South, Ranqe 43 East., thence' N. 01-34 I. '16- w. qlonq the East Hne
of said Section 29, a distance of 1302.55 fee~ to the Nort.he~st
coiner..:Of'Tract "ED of. sa.id .SHOPPES or WOOLBRIGHT P.C.O." ilnd the
POINr 9r BEGINNI~G o~ this ~escrlpt1on; thence s. '88026' 13~ w.
a~onCJ ~e. Ror~ .li.ne of said Tract. "ED, "SHOPPE$ 'OJ:" WOOLBRIGll'I
P.C.D.~, a dl.~ance ol ~271.3~ feah ~o a. poLnt on curv., thence
Northerly alon9 'th. .~a of . aurve.~ the ri,h~ .ho..:radius point
bears. N. 78. 55' ]6- m.. hav1D9 a r.~!u..gf lS~'.2G feet,' a
central'angle'of. 01- 12' 28-. an arc di.~ane..of 32.60 f..~. to .
point; thence N. S4 ~ ".',' 2.9" . if. , a distance of.. 6 . 3 7 . ,. f_et. to a
point on curve; thence Northerly alonq the .reof' 8: curve to tl\e
rignt'who$e radius point bears N. 800 lB' OS" E.,bavlng a radius
at 1550.7(j feet, a cent~l angle of. OS- 351 32., an 'a.rc di8tance
of: 232.'6 teet to.a point ot taniency; thence N. 01.06" 2J". W.,:'a
'di.~ce of 416.~G feet; thence R. 01" 30' 32- E., a distance o~
23.79 'fta.t, theQ.CeS.BO-2tP 51- W., a di.tan!;. gf 3Sa.72 ..teet tc
. the: NOrt:hwos~ co~n.r of Lot 12, Bleak 33 of llSaJ.d 1IIlJ\REJ !lOYN'l'ON
ES~TES PLAT 2111: thance~. 01-'3)' .08111 8., alo~ the Wog~lin.of
"~c! Blcck.33. a cl1stance of 180.09 teet:.t:h..nca' S. 88026' 51"
W., adistanco of 30.00 feet to the centerline of S;~. 9th Street
and' the 'Southeast .come:- of Palm Beach Lebur,villClt .Section 3'J as
recorded in Plat ~ook ~8, Pages' 243 and 2~4 ~f the:Public necords
of~ellm'Beach" County, .Florida; thence. N,. OP33.' 09- W. along
. s4id!:..t"linean4 the centerl1ne ot'.s.W. 8th'Streat, a.dilltance
of 1';'40',,08 -fCI!l~ to .the Inter..ction with 'Ule "..ter1}' pr'ojec~.lqri
of. . thg .Morth, Line.' of Dlock ~O of ..i4 ".LAl(B BOYNTOHES'1'A'l'ES '''fLAT
. 1. z . .th~ce H.. B~... 26" 13." E.aJ.onv sLid .l(~I",th 'lLn. a "i.taneeof
280.00 .feet;.. tJlence S. 01- 33' 09' d!:., a c!iat.ance of 120'.00 .wet.,
thence"N.'88' 261 "13- E., a distance' of. 50.00 feet; t.hence s~ '01
33'. O~~ E~',:~i.:; distance of 170..00.feet.to tb.e'R~west. corner of
'. J,.ot~, Bloclc..21 of. -LAD: BOmTONESTAmS PLAT 2,'. thenCE!. N, 88'26'
1Jt.:.~.~ a1o.ng .the. North . line thereof,' adiStanc. of' 30..00 .~: feet to
.the NQr'tn.a~t:eonie:r:;'ot 8a.J.d Lot.'.fi,.th~nce:S..Ol.331. O~~ ~'~t a
di.t"nc~ of';UO.OO' . feet; to the South..15~'." corner pt sa1d ....Ipt. {iJ
... th~~c.. N...a".~2'~..'::U. E..~aloft9 .the Nor~h . 11n. ot the Sou'th-:o~-ha1f
'o~ al.~ck.2'1':.~22.:o~..~.BOntTOl' B&'U6'rBjL~LA~'2",. Q"l!btttnce of
.. .1lSO'.. 75 ''feet.. to'.~t)t.e~o~t:h,"fejl;~ oOJ:'n.r of ~t::..', BLock'. 23 of . '!laid
:.. .' :~~ .~~TON.~~t~B$.; ?LA'l'. 2-, thenc~ N. . '01 D1~'. 16111 W.-'dong .t:h.
... . '. 'We.St'.line.of~\'B'1tocks.23; IBA,-18, a distance ~f':.1&O.OO f,.et.to the
" . . ". ..... Southwest COrn8r;'c~".Lot 4, 'Block ll~ of. .~". BCYR'l'O'<< 'ES'lA1:ES.
-::. '::. ..... ... ;"':<:: /....pU~.:.t.J.1:t}e~~i:~~t:~lf..:a.onq the SQuth:'1t.ne '~i:'.'.~~~idLot'. alonq
/; .i~':J~;.... ".. ",,,,...~::r:~/...;t~:;::~:.~.::1 ;'>~.jL~. :~~~f~'!.lCU.l'J;''' ~~e to the 'le.ft.;ha~ing il~a(l~us' of ,.34,0.36
'~~~~~T'tl'!r:~,":-:+,-~"~c' ~".' :..~"" .' ~.~~~~;t1..~~.)la~:wq ..~ .;-.MU..;~.9l:"~P.~,3f~ f..t.i,.:an.:;-U.O
.J . di8~aDCe of SO .18 feet to 'the soutn..$t corner thereof,' thence N.
...... .01 . ~4 ,~.1G. 1f., a di..tanoe' of.. 136.30 feet to. the Hort1u~ast: corner
."': . .....,.., :.' :J-: . ..thereaf, .t:henee 'S.,..88 : 2'1 '13" w., . cu..tanoe .of. 50.00 fCl:!t. to
. .... ,... . . .' ..... .the.:..SO\1thwe~t" cornet. of ~t 3. lUoc:!k.l.~,.diel'\o".JJ. 01 . '~..~'.16:'" :w.
.......'..: .:: :......,... ....~...:al~n9'tho W~1J.t .11,ne;of seid. Lot ;!.. :.a'Cli~tance:ot '1l0;O.p:.feo~..t:o
. ,:.....:.... '. '.,' '. . .' .the'. NQrthwestc:orner i:he.reof; thence' ~.I;ltrly aloftothe.NQrth' line
, : .:. .:. '.: . '. of .'LOta~ l;,:o.2"~ . ~and . ~ of ea,tc1. B1ock'l1A~: alang ..t.ba ~U'c of a .'~ircU1.ar
':: .:: , :' ~.' '. : 'cu~e t~. .t1JQ '~~rt:.~. hav1n9 a radiu~ 'of .'~52,.~2. feet' .an<lwhose: radius
: : '. ....r.: point:b~ar~ ~.'O~: ..'4. 115- If.,. nav-1ni'",..cel\;r&'\'lQlq-le,: of.::25 09"
'. '. . os., ~n.aJ:'CI..41If1:ClllCe' 'qf.. 1'''.93' feet. to. the:llortJ1'e&8tcorn~ of
said . ~t., 1 ..AiI' t.oh.,' ..._ 1,3.' o' ......tI. ..a_i..!' II.., ~.n.;. ~.. Q J.:.: u,.
16" .~' alonq'.dd"E..t Un. 'Q! ItlKItJ,OA', '2', . 4.i.ltc"e,n.oC\l .of:UOJ..58
feet. .to.the.fOM:,or..UCItutING. ..' . .!. '.' '.,' ...,.: ':'.
$a!d'.laJ1C.i.....ltu..~..::... in: 'the City' of IOYDton. B....a~~ . Jla1ra .: Deaoh
. CoUI)t.y, .'lorid.... .' .... ',". .' ., .. .:' . "':' . "
.Conta~~n9.3,~25i9.2~~2.squar.~F.e8t/90~1267 acre.,.more'~r'l~.. .
Su]:):1e~~;to' ~1I...n\;s, ': :ReJlltrictio,Q,' ~es.rv"tioril, Co"enant'it, and
lligh1;.-of:,:",,,ay' ot 'kecCllr,d. ....., . ..... .
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LAW OFFICES
PERRY, SHAPIRO & MILLER, P.A. ~~~~~,-,-,~~:.>t_~~ --
/.-:"-/1/ /1 c c if.
r~
400 AUSTRALIAN AVENUE, SOUTH
SUITE 300
WEST PALM BEACH, FLORIDA 33401
F. MARTIN PERRY
ROBERT LEE SHAPIRO
JORDAN R. MILLER
JILL A. JARKESY
CHARLES D. BARNETT
OF COUNSEL
TELEPHONE (407) 633-4404
FACSIMILE 14071 833.3257
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RECEIVED
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.JEe J J 1990
PlAl\J'NII~l:i DEPT.
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DEe 1 0 1990
CITY MANAGEH'S Of FiCE
Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
April 5, 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 PUD
Dear Mr. Cannon,
This letter will serve as an application for a
modification to the Master Plan for the Planned Unit
Development of Woolbright Place. The modifications to
the master 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 planned unit development
will decrease by 5.1 acres.
2. A total of 600 units in two and three story multi-
family buildings shall be approved.
3. SW 8th Street shall be realigned to eliminate the
'T'-intersection and be further realigned to pro-
vide continuous, uninterrupted access and an
additional buffer along the western property line.
4. poinciana Park will be eliminated and a public park
relocated within the PUD or within the plat of Lake
Boynton Estates.
This Master Plan reflects the proposed layout of SW 8th
Street, the church and retention parcels, and the
residential parcel. The building setback lines are
denoted. The total number of units, their type and
height limitations are shown.
Cannon
Woolbright PUD
April 5, 1990
Page 2 of 2
Please accept this application, which includes seven
(7) copies of surveys, legal descriptions, and master
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 Laurence
Leeds at Perry, Shapiro and Miller, PA with
any questions or concerns.
S/JeJelY,
c~~XM~
for Kieran J. Kilday
I acknowledge that this application has been received
by the Cit~~B;r~to~~~~ Planning D~partment on
(date) ~ '
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M -E M 0 RAN DUM #233
TO:
J. Scott Miller
City Manager
DATE: December 28, 1990
FROM:
Sue Kruse
City Clerk
SUBJECT: Easement Deed
Tradewinds
Woolbright Place
Master Assoc.
Attached please find a copy of the above mentioned deed ~~ich
which was recorded in Palm Beach County.
~~~
Sue Kruse
mas
Attachments
cc: City Attorney
Building Official
Planning Director
Utility Director
Engineering Admin.
ltECEIVED
Ote ~1 1990
PLAl';r-c~;~. ....
. H"tli'~ DEPT.
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PREPARED BY:
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Tradewinds Group
902 Clint Moore Road, Suite 124
Boca Raton, Florida 33487
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EASEMENT DEED
" , J
THIS EASEMENT DEED, made this 13th day of November, i990, by and
between Tradewinds Development Corp., party of the first part,
and the Woolbright Place Master Association, Inc., party of the
second part.
~~
"2
WITNESSETH: That party of the first part, for and in considera-
tion of the sum of TEN ($10.00) DOLLARS, and other good and valu-
able consideration to them in hand paid, receipt of which is
hereby acknowledged, has granted, bargained and sold, and by
these presents does grant, bargain, sell and release unto the
party of the second part , its successors and assigns, a water
management tract to be maintained by the party of the second
part, that parcel of l~d located in palm Beach County, Florida,
described on Exhibit "A" attached hereto and made a part hereof
as if recited at length for maintenance as a Water Management
Tract.
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Party of the first part does hereby specially warrant the title
to said land and will defend the same against the lawful claims
of all persons whomsoever claiming by, through or under it, that
it has good right and lawful authority to grant the above
described easement and that the same is unencumbered. Where the
context of this easement deed allows or permits, the same shall
include the successors or assigns of the parties.
sealed and delivered
sence of-
hand and
IN WITNESS WHEREOF, party of the first
seal the date first above written.
Michael Morton, P~esident
Tradewinds Development Corp.
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STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the state and county aforesaid to take acknow-
ledgments, personally appeared Michael Morton, to me known to be
the person described in and who executed the foregoing instrument
and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the county and state last
aforesaid this 1st day of November, 1990. -
If) CJ1-<JZ/l (~J t)L>~
Notary P~iC
Notary Public, State of f1:>rida. .
My Commission Expires Feb. 25, 1993
8oAd.<I Thtu Troy fQin .IMu,Qnc.8 InCo ._
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RO.C.
SE. COR. SEC. 29
TWP. 45 S. . RG E. 4'3 E".
_ 1.2.02.55 I
NOlo34'ISIIW
EAST LINE SECTION 29
SO'03~r 16"E
85.00
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NOT-- A SURVEY
SHEET I OF 2
STANLEY CONSULTANTS
OF FLORtDA, lNC.
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1000 Lo-_ftD 1ITI'lllE"T, w~5"T ....L.. alAeH,l'L Dol" .-T1a.u.?6ooW
10:310- WM
SKETCH AND DESCRIPTION
WATER MANAGEMENT
EASEMENT
WOOLBRIGHT PLACE P. U. D.
N 0'1 1 It 1990
ICATE
11'14.90
CHECKEtI I seAl..! II I
II . ~c..-::l (IS 12.0
~...~lN' NO.
(SEAL)
~O'd 6~:St 06'~t AON ~l90 ~~8
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'OESCR,TP,J:O~
AN EASEMENT FOR WATER MANAGEMENT PURPOSES OVER A PARCEL OF LAND
LYING IN SECTION 29. TOWNSHIP 45 SOUTH. RANGE 43 EAST. CITY OF ,-
BOYNTON BEACH. PALM BEACH COUNTY. FLORIDA. BEING A PORTION OF
LAKE BOYNTON ESTATES PLAT 2 AS RECORDED IN PLAT BOOK 14 AT PAGE
17 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY. AND A
PORTION OF LAKE BOYNTON ESTATES PLAT 3 AS RECORDED IN PLAT BOOK
13 AT PAGE 53 OF SAla-PUBLIC RECORDS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29 RuN
N01.34'16"W ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF
1302.55 FEET TO THE NORTHEAST CORNER OF SHOPPES OF WOOLBRIGHT
P.C.O. AS RECORDED IN PLAT BOOK 65 AT PAGES 137-138 OF SAID
PUBLIC RECORDS: THENCE S88. 26' 13.' W ALONG THE NORTH LINE OF SAID
PLAT A DISTANCE OF 250,01 FEET; THENCE. DEPARTING SAID NORTH
LINE, AND PERPENDICULAR -TO THE PRECEDING COURSE. N01033'47"W A
DISTANCE OF 105.00 FEET TO THE POINt ~ 8EGIN~ING.
FROM THE POINT OF BEGINNING RUN 588.26' 13"' W A 0157 ANCE OF 750.00
FEET: THENCE NO 1 · 34' 16 It W A OI5T ANCE OF 85.00 FEET; THENCE
N8S.26'13uE A DISTANCE OF 750.00 FEET: THENCE SOl034'16~E A
DISTANCE OF 85.00 FEET TO THE POINT ~ BEGINNING,
THE ABOVE DESCRIBED EASEMENT COVERS 1.46~ ACRES MORE OR LESS.
CE~TIFICA1TON (NOT VALID UNLESS EMBOSSED WITH A LAND SURYEYORS
SEALl
WE HEREBY CERTIFY. THAT THIS SKETCH AND DESCRIPTION IS TRUE AND
ACCURATE TO THE BEST OF OUA PROFESSIONAL KNOWLEDGE. INFORMATION
AND BELIEF,
STANLEY CONSULTANTS OF FLORIOA. INC.
..
STd~ ?:~
PROFESSIONAL LAND SURVEYOR
FLORIDA CE~TIFICATE NO. 4722
-
NOT A SURVEY
SHEET 2 OF 2
STANLEY CONSULTANTS
OF" FLOAIDA. INC.
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STK II -14,90
CHEC~EO jSC4L!
U. \A. .'10 7~~ NON E
DRAWING NO.
SKETCH AND DESCRIPTION
WATER MANAGEMENT
EASEMENT
WOOLBRIGHT PLAC E P. U. 6..
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PALM BEACH COUNTY, FLA~
JOHN B. DUNKLE
CLERK CIRCUIT COURT
T(4..to/( I{
CITY MANAGER'S OFFICE
CITY OF BOYNTON BEACH
TO: Vincent Finizio
DATE: April?, 1994
DEPARTMENT: Engineering Department
APPROPRIATE ACTION
EV ALUA TION/RECOMMENDA TION
FOR YOUR FILES
ACTION DESIRED PRIOR TO
FOR YOUR INFORMATION
NOTE AND RETURN
OTHER
<- /' ;",,"4u ",(; r:"., '/'
SUBJECT: LETTERS OF CREDIT. WOOLBRIGHT PROJECT
Attached hereto please find a copy of a letter dated April 6, 1994, from Michael Morton to
my attention along with original letters of credit reissued for various aspects of public
Improvement work that need be undertaken at said site, including force main re-routlng,
completing of S. W. 8th St. , mitigation of blowing sand, and earthwork/lake excavation.
I would ask that you please work with Ron Last, Lawson & Noble, in checking the amounts
of the respective bonds to the actual work that still needs to be done. In essence, confirm
the dollar amount of work as represented by the letters of credit.
By copy of this memorandum to Jim Cherof, City Attorney, and Grady Swann, Finance
Director, I am asking that each of them review the respective letters of credit for form,
content and subsequent acceptance. Should there by any improprieties or problems with
any of these four letters of credit then this office need be advised immediately.
Your prompt attention of this matter is appreciated. Please keep this office informed of
your determination from the engineering side on the validity on the dollar amounts of work
for said project. Thank you.
~
~tt Miller
ity Manager
JSM:jb
c: Jim Cherof, City Attorney
Grady Swann, Finance Director
Sue Kruse, City Clerk
John Guidry, Utilities Director ./
RESPONSE:
Date (Action Completed)
Signature
April 6, 1994
To: Scott Miller, City Manager
From: Michael Morton
Woolbright Venture
Re: Letters of credit
Dear Scott,
As agreed at our previuos meetings, I have reissued the letters of credit required for the
Woolbright Project.
Original copies are attached for:
No, UNB 5123 Force main re-routing $ 83,225,00
No. UNB 5124 Completion of S,W. 8th St. 336,528,00
No, UNB 5125 Mitigation of blowing sand 30,000.00
No, UNB 5126 Earthwork, including lake
excavation for P,U,D"P,C.D. 50,000.00
I have met with Pete Mazzella and Skip Milor, along with our engineer of record Ken
Kruger, and Jen Hilley ofW, T. Jackson, our contractor for the force main re-Iocation and
sewer line installation. Pete needs to be aware that the City now has UNB 5 123 covering
this work. He is already aware ofUNB 5087 for the sewer line construction. Any
questions please call me,
/'7
cor~ ////
~~
Michael Morton
.-.'~" <..,. ,~~ .:
Art( - ti 1994
CITYAINvtGI:H~Otr.C -
\
g
U..ited National Bank
13?? S.W. FIPST AVENUE. MIAMI, FLA. 33130
TELEX: 525757 UNITEDBANK MIA
CITY OF BOYNTON BEACH
120 NORTH SECOND AVENUE
BOYNTON BEACH, FL. 33435
MARCH 28, 1994
NO. UNB-5123.
RE: UNITED NATIONAL BANK IRREVOCABLE LETTER OF CREDIT #UNB-5123
FOR CONSTRUCTION OF SEWAGE FLOW RE-ROUTING IN CONNECTION WITH
SHOPPES OF WOOLBRIGHT PCD, BOYNTON BEACH.
GENTLEMEN:
BY ORDER OF HOWARD R. SCHARLIN, TRUSTEE, WE HEREBY OPEN OUR CLEAN
IRREVOCABLE LETTER OF CREDIT #UNB-5123 IN YOUR FAVOR FOR THE AMOUNT
OF EIGHTY THREE THOUSAND TWO HUNDRED TWENTY FIVE DOLLARS U.S.
($83,225.00) EFFECTIVE AS OF MARCH 28, 1994, AND EXPIRING AT OUR
OFFICE AT THE CLOSE OF BUSINESS ON MARCH 28, 1995.
WE ARE INFORMED THAT HOWARD R. SCHARLIN, TRUSTEE HAS AGREED TO THE
RECUIREMENTS OF THE CITY OF BOYNTON BEACH TO DEVELOP A SUBDIVISION
TO BE KNOWN AS SHOPPES OF WOOLBRIGHT PCD, AND TO CONSTRUCT THE
REQUIRED SEWAGE FLOW RE-ROUTING AS SHOWN ON CONSTRUCTION PLANS FOR
SAID SUBDIVISION IDENTIFIED AS FOLLOWS:
BOYNTON BEACH UTILITIES
SEWAGE FLOW RE-ROUTING
PROJECT NO. 10286-1
SHEETS 1-4 OF 4
DATED JANUARY, 1990
WE FURTHER ARE INFORMED THAT THE AFOREMENTIONED SEWAGE FLOW
RE-J;'OUTING IS REQUIRED BY TIlE eITV OF BOYNTON BEACH,J'OR A
SUEC'IVISION PLAT KNOWN AS saOPPES OF WOOLSRIGRT PCD, AND THAT THE
':ITY ENGINEER HAS APPROVED &M ESTIMATED COST SCHRDULa FOR ALL THE
RECUIRED SEWAGE FLOW RE-ROUTING UNDER THE CONTRACT II THE AMOUNT OF
EIGHTY THREE THOUSAND TWO HUMORED .~EHTY VIva DOLLARS U.S.
(S.93..225.00).
FUNDS UNDER THIS LETTER OF CREDtT _UN85123 ARE AVAILABLE TO YOU
HEREUNDER NOT EXCEEDING %. tHE AGGREGATE THE AKOUNT OF THIS LETTER
OF CREDIT #UNB5123 AGAINST 'OUR SIGHT DRAFT OM US MENTIONING OUR
LETTER OF CREDIT #UNB512aA<:COMPANIED BY A STATEMENT, PURPORTED TO
BE SIGNED BY THE CITY ENGI~ER OF BOYNTON BEACH, FLORIDA, TO THE
EFFECT THAT (A) IT IS A CERTIFICATION BY SAID ENGINEER RELATING TO
THE RECUIRED SEWAGE FLOW RE-ROUTING; <B) HOWARD R. SCHARLIN, TRUSTEE
HAS DEFAULTED UPON THE REQUIRED SEWAGE FLOW RE-ROUTING; (C) IT IS
YOUR OBLIGATION TO COMPLETE THE REQUIRED SEWAGE FLOW RE-ROUTING; <D)
THE CITY OF BOYNTON BEACH'S OBLIGATION SHALL INCLUDE BUT NOT BE
LIMITED TO ENGINEERING, LEGAL AND CONTINGENT COSTS AND EXPENSES,
TOGETHER WITH ANY DAMAGES, EITHER DIRECT OR CONSEQUENTIAL, WHICH THE
CITY OF BOYNTON BEACH MAY SUSTAIN ON ACCOUNT OF FAILURE OF HOWARD R.
SCHARLIN, TRUSTEE TO CARRY OUT AND EXECUTE ALL THE REQUIRED
SEWAGE FLOW RE-ROUTING; AND (E) YOU WILL PROMPTLY REFUND TO US ANY
PORTION OF SUCH FUNDS DRAWN AND NOT EXPENDED IN COMPLETION OF WORK
CALLED FOR.
THIS LETTER OF CREDIT #UNB5123 SETS FORTH IN FULL THE TERMS OF OUR
UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED,
AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT OR
CONTRACT REFERRED TO HER~IN OR IN WHICH THIS LETTER OF CREDIT
NUNB5123 IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT NUNB5123
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR CONTRACT.
IF WE RECEIVE YOUR SIGHT DRAFT AND STATEMENT AS MENTIONED ABOVE HERE
AT 1399 S.W. FIRST AVENUE, MIAMI, FL 33130, ON OR PRIOR TO THE
EXPIRATION DATE, WE WILL PROMPTLY HONOR THE SAME.
KINDLY ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT
NUNB5123 TO THE ATTENTION OF INTERNATIONAL DEPARTMENT MENTIONING
SPECIFICALLY OUR LETTER OF CREDIT NUNB5123.
, ~ '--- '-, '- '------- '-- ''-~ <-- ~ '"
BRUCE UPSON j ,
ASSISTANT VICE PRESIDENT
~
United National Bank
1393 S.W. FIRST AVENUE, MIAMI, FLA. 33130
TELEX: 525757 UNITEDBANK MIA
CITY OF BOYNTON BEACH
120 NORTH SECOND AVENUE
BOYNTON BEACH, FL. 33435
MARCH 28, 1'394
NO. UNB-5125
RE: UNITED NATIONAL BANK IRREVOCABLE LETTER OF CREDIT #UNB-5125
FOR ROADWAY RESTORATION AND MITIGATION OF BLOWING SAND AT
SHOPPES OF WOOLBRIGHT PCD, BOYNTON BEACH, FLORIDA.
GENTLEMEN:
BY ORDER OF HOWARD R. SCHARLIN, TRUSTEE, WE HEREBY OPEN OUR CLEAN
IRREVOCABLE LETTER OF CREDIT NUNB-5125 IN yOUR FAVOR FOR THE AMOUNT
OF THIRTV THOUSAND DOLLARS U.S. (U..30,000.00) IFFECTIVE AS OF MARCH
28, 1994, AND EXPIRING AT OUR OFFICE AT THE CLOSE OF BUSINESS ON
MARCH 28, 1995.
WE ARE INFORMED THAT HOWARD R. SCHARLIN, TRUSTEE HAS AGREED TO THE
REQUIREMENTS OF THE CITY OF BOYNTON BEACH TO DEVELOP A SUBDIVISION
TO BE KNOWN AS SHOPPES OF WOOLBRIGHT PCD, AND TO CONSTRUCT THE
REQUIRED EARTHWORK AS SHOWN ON CONSTRUCTION PLANS FOR SAID
SUBDIVISION IDENTIFIED AS FOLLOWS:
ROADWAY RESTORATION AND
MITIGATION OF BLOWING SAND
HOME DEPOT - PROJECT 10. 10336
SHEETS 1-11 OF 11
DATED NOVEMBER, 1989
S.W. 8TH STREET
PROJECT NO. 10259
SHEETS 1-12 OF 12
DATED JANUARY, 1990
WE FURTHER ARE INFORMED THAT THE AFOREMENTIONED CONSTRUCTION OF
RECUIRED IMPROVEMENTS IS REQUIRED BY THE CITY OF aOY.TON BEACH FOR A
SUBDIVISION PLAT KNOWN AS SIOPPES OF WOOLBRIGHT PCD, AND THAT THE
CITY ENGINEER HAS APPRoviD .. ISTIKATED COST SCHBDULE FOR ALL THE
REQUIRED IMPROVEMENTS UNDER THE COITRACT I. THE &MOUlT OF THIRTY
THOUSAND DOLLARS U.S. <U_30,000.00>.
FUNDS UNDER THIS LETTER Of CREDIT MUN8S125 ARE AVAILABLE TO YOU
HEREUNDER NOT EXCEEDING 1M THE AGGREGATE THE AMOUNT OF THIS LETTER
OF CREDIT NUNB5125 AGAINST YOUR SIGHT DRAFT ON US MENTIONING OUR
LETTER OF CREDIT NUNB5125 ACCOMPANIED BY A STATEMENT, PURPORTED TO
BE SIGNED BY THE CITY ENGINEER OF BOYNTON 8EACH, FLORIDA, TO THE
EFFECT THAT <A} IT IS A CERTIFICATION 8Y SAID ENGINEER RELATING TO
CONSTRUCTION OF EARTHWORK AND OTHER IMPROVEMENTS MENTIONED ABOVE;
(B) HOWARD R. SCHARLIN, TRUSTEE HAS DEFAULTED UPON THE CONSTRUCTION
OF REQUIRED IMPROVEMENTS; <C} IT IS YOUR OBLIGATION TO COMPLETE THE
EARTHWORK; <D) THE CITY OF BOYNTON BEACH'S OBLIGATION SHALL INCLUDE
BUT NOT BE LIMITED TO ENGINEERING, LEGAL AND CONTINGENT COSTS AND
EXPENSES, TOGETHER WITH ANY DAMAGES, EITHER DIRECT OR CONSEQUENTIAL,
WHICH THE CITY OF BOYNTON BEACH MAY SUSTAIN ON ACCQUNT OF FAILURE OF
HOWARD R. SCHARLIN, TRUSTEE TO CARRY OUT AND EXECUTE ALL THE
REQUIRED EARTHWORK; AND (E) YOU WILL PROMPTLY REFUND TO US ANY
PORTION OF SUCH FUNDS DRAWN AND NOT EXPENDED IN COMPLETION OF WORK
CALLED FOR.
THIS LETTER OF CREDIT #UNB5125 SETS FORTH IN FULL THE TERMS OF OUR
UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED,
AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT OR
CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT
NUNB5125 IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT _UNB5125
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR CONTRACT.
IF WE RECEIVE YOUR SIGHT DRAFT AND STATEMENT AS MENTIONED ABOVE HERE
AT 1339 S.W. FIRST AVENUE, MIAMI, FL 33130, ON OR PRIOR TO THE
EXPIRATION DATE, WE WILL PROMPTLY HONOR THE SAME.
KINDLY ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT
#UNB5125 TO THE ATTENTION OF INTERNATIONAL DEPARTMENT MENTIONING
SPECIFICALLY OUR LETTER OF CREDIT #UNB5125.
- ,
\ ~'-- '-- '-- "- <..- (, - ',,-
BRUCE UPSON.) "
ASSISTANT VICE PRESIDENT
UNITED NATIONAL BANK
- -,
~
United National Bank
1399 S.W. FIRST AVENUE, MIAMI, FLA. 33130
TELEX: 525757 UNITEDBANK MIA
CITY OF BOYNTON BEACH
120 NORTH SECOND AVENUE
BOYNTON BEACH, FL. 33435
MARCH 28. 1 ';l';l-1
NO. lINB. ':,1:-1
RE: UNITED NATIONAL BANK IRREVOCABLE LETTER OF CREDIT NUNB-5124
FOR S.W. 8TH STREET REQUIRED IMPROVEMENTS AT WOOLBRIGHT PLACE
P.U.D. BOYNTON BEACH, FLORIDA.
GENTLEMEN:
BY ORDER OF HOWARD R. SCHARLIN, TRUSTEE, WE HEREBY OPEN OUR CLEAN
IRREVOCABLE LETTER OF CREDIT NUNB-5124 IN YOUR,FAVOR FOR THE AMOUNT
OF THREE HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED TWENTY EIGHT
DOLLARS u.s. <$336,528.00) EFFECTIVE AS OF MARCH 28, 1994, AND
EXPIRING AT OUR OFFICE AT THE CLOSE OF BUSINESS ON MARCH 28, 1995.
WE ARE INFORMED THAT HOWARD R. SCHARLIN, TRUSTEE HAS AGREED TO THE
REQUIREMENTS OF THE CITY OF BOYNTON BEACH TO DEVELOP A SUBDIVISION
TO BE KNOWN AS SHOPPES OF WOOLBRIGHT PLACE P.U.D. AND TO CONSTRUCT
THE REQUIRED IMPROVEMENTS AS SHOWN ON CONSTRUCTION PLANS FOR SAID
SUBDIVISION IDENTIFIED AS FOLLOWS:
WOOLBRIGHT PLACE P.U.D.
PROJECT NO. 10310-1000-070
SHEETS 1-19 OF 19
DATED SEPTEMBER 1990
BY STANLEY CONSULTANTS OF FLORIDA, INC.
WE FURTHER ARE INFORMED THAT THE AFOREMENTIONED CONSTRUCTION OF
REQUIRED IMPROVEMENTS IS REQUIRED BY THE CITY OF BOV.TON BEACH FOR A
SUBDIVISION PLAT KNOWN AS WOOLBRIGHT PLACE PLAT NO.1, AND THAT THE
CITY ENGINEER HAS APPROVED AN ESTIMATED COST SCHEDULE FOR ALL THE
REQUIRED IMPROVEMENTS UNDER THE CONTRACT IN THE AMOUNT OF THREE
HUNDRED THIRTY SIX THousaND FIVE HUNDRED TWENTY EIGHT DOLLARS U.S.
<USS336,528.00).
FUNDS UNDER THIS LETTER OF CREDIT #UNB5124 ARE AVAILABLE TO YOU
HEREUNDER NOT EXCEEDING IN THE AGGREGATE THE AMOUNT OF THIS LETTER
OF CREDIT NUNB5124 AGAINST YOUR SIGHT DRAFT ON US MENTIONING OUR
LETTER OF CREDIT NUNB5124 ACCOMPANIED BY A STATEMENT, PURPORTED TO
BE SIGNED BY THE CITY ENGINEER OF BOYNTON BEACH, FLORIDA, TO THE
EFFECT THAT <A) IT IS A CERTIFICATION BY SAID ENGINEER RELATING TO
CONSTRUCTION OF REQUIRED IMPROVEMENTS MENTIONED ABOVE; <B> HOWARD R.
SCHARLIN, TRUSTEE HAS DEFAULTED UPON THE CONSTRUCTION OF REQUIRED
IMPROVEMENTS: <C> IT IS YOUR OBLIGATION TO COMPLETE THE
IMPROVEMENTS; <D> THE CITY OF BOYNTON BEACH'S OBLIGATION SHALL
INCLUDE BUT NOT BE LIMITED TO ENGINEERING, LEGAL AND CONTINGENT
COSTS AND EXPENSES, TOGETHER WITH ANY DAMAGES, EITHER DIRECT OR
CONSEQUENTIAL, WHICH THE CITY OF BOYNTON BEACH MAY SUSTAIN ON
ACCOUNT OF FAILURE OF HOWARD R. SCHARLIN, TRUSTEE TO CARRY OUT AND
EXECUTE ALL THE REQUIRED IMPROVEMENTS; AND <E) YOU WILL PROMPTLY
REFUND TO US ANY PORTION OF SUCH FUNDS DRAWN AND NOT EXPENDED IN
COMPLETION OF WORK CALLED FOR.
THIS LETTER OF CREDIT #UNB5124 SETS FORTH IN FULL THE TERMS OF OUR
UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED,
AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT OR
CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT
NUNB5124 IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT NUNB5124
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR CONTRACT.
IF WE RECEIVE YOUR SIGHT DRAFT AND STATEMENT AS MENTIONED ABOVE HERE
AT 1399 S.W. FIRST AVENUE, MIAMI, FL 33130, ON OR PRIOR TO THE
EXPIRATION DATE, WE WILL PROMPTLY HONOR THE SAME.
KINDLY ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT
#UNB5124 TO THE ATTENTION OF INTERNATIONAL DEPARTMENT MENTIONING
SPECIFICALLY OUR LETTER OF CREDIT #UNB5124.
B\RI~;~ ~PSON " J" ,-
ASSISTANT VICE PRESIDENT
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DEC-11-1990 C=--22am 90-352210
ORB 666 7 ~3
103
GRANT OF LICENSE BY CITY OF BOYNTON BEACH,
A FLORIDA MUNICIPAL CORPORATION TO
TRADEWINDS DEVELOPMENT CORPORATION,
A FLORIDA CORPORATION
THIS GRANT of License executed and delivered this. ~7 day
of ~VE~~c;~ , 1990, by the City of Boynton Beach, a
Florida municipal corporation, located in Palm Beach County,
Florida (hereinafter the LICENSOR) to TRADEWINDS DEVELOPMENT
CORPORATION, a Florida corporation (hereinafter the LICENSEE).
WHEREAS, LICENSOR owns a parcel of real property which is
more particularly described on Exhibit A attached hereto; and
WHEREAS, LICENSEE owns a parcel of real property which is
simple more particularly described on Exhibit B attached hereto.
NOW, THEREFORE, in consideration of thg sum of Ten ($10.00)
Dollars and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by LICENSOR,
LICENSOR has granted, bargained, conveyed, and sold to LICENSEE
its grantees, heirs, successors, assignees, and nominees forever,
a perpetual non-exclusive license to use the real property
described on Exhibit "A" for the following uses.
1. The installation and maintenance of the landscaped
buffer and improvements on LICENSOR's Property as described in
Exhibit "A" hereto.
2. LICENSEE at its own expense shall maintain the license,
the improvements, and the property upon which the I icense is
located in a good state of repair.
3. LICENSEE shall indemnify and save harmless and defend
LICENSOR, its agents, servants, and employees from and against
any claim, demand or cause of action of whatsoever kind or nature
arising out of error, omission or negligent act of TRADEWINDS,
its agents, servants or employees in connection with or related
to its use under this Agreement of the real property described on
Exhibit A
4. LICENSEE further agrees to indemnify, save harmless and
defend LICENSOR, its agents, servants, and employees from and
against any claim, demand or cause of action of whatsoever kind
or nature arising out of any conduct or misconduct of LICENSEE
not included in paragraph three above and for which LICENSOR, its
agents, servants or employees are or are alleged to be liable.
5. Neither LICENSOR nor any agent, servant or employee of
LICENSOR shall be liable to LICENSEE for any loss, injury or
Page 1 of 2
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CiCb / ,"j
104
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damage to LICENSEE or to any other person or to its or their
property, irrespective of the cause of such injury, damage or
loss.
6. This License
terminated without the
LICENSEE, and executed
dignity to this License.
7. The grant of the license shall be binding on and inure
to the benefit of the parties hereto, their grantees, heirs,
successors, assignees and nominees.
I
may not be modified, amended, or
prior written approval of LICENSOR and
with the same formality and of equal
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first written above.
Signed, sealed, and delivered
in the presence of:
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CITY O~ BOYN1'ON ..BE~qH.. , 'i
a Municipal ,bcrpora,tion ".
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STATE OF
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The foregoing instrument was acknowledged before me this
~ 7 day of /thv~8e~ .' 1990, by &-#-= ".-?/a:::;ll<~
, the $.I'9Yc::?A' of the City of
Boynton Beach, a Florida municipal corporation, on behalf of said
corporation.
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Not ry Public
My commission expires:
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Page 2 of 2
OR8 6667 1''3
105
LEGAL DESCRIPTION S.W. 8TH STREET RIGBT-OF-WAY
OESCRIPT!ON:
A portion of "S. w. 8th St.rQQt." as shown on the Plats of
"THIRD SEC'J:ION PALM BBACH LEISUREVILLE"r as recorded in Plat Book
28 at pages 243 and 244 and "SECOND SECTION PALM BEACH
LEISOREVILLE"r as recorded in plat Book 28 at PAges 220 and 221
ot ~he FUblic Records of Palm Beach County, Florida and more par- -
ticularly~escribed ~8 fQllQ~sl
BEGINNING at the Southea5t co~ner of Lot 4, BLOCK 23 of said
"TBIRD SECTION F~M BEaCH LEISuaEVILLBn, ~henQe N. sa 26' aln E.
along tba south line ot "s.w. 8th S'treet." a. .hoW'n on said plat,
a 6istance of 60.00 teet 'to the !last right of 'Way line of "S.W.
8th Street"; thence N 01 33' ogn ~, a distance of 1528.44 feet
alonf said .East right of way l1ne to a point on a curve, then
northwesterly alonq the are of a circular curve to the right
whose radius point bears N 65 08' 03 tI E., havin9 a radius of
490.00 feet, a central angle 0:1: " 43' 05", and arc distance
198.21 feet to a point of intersection w~th the west right of way
line of said "S.W. 8th street"; thence S 01
33' 09" E. along the West right of yay line a distance ot 1683.92
fQQt to the POINT OF BEGINNING.
Said lands situate in the City of Boynton Beach, Palm Beach
County, Florida.
COMMENCING ~t the Southea$t c~rner of said Section 29, Townsh~p 45
South, Range 43 East: thence N. 0103411611 w. ~lonq the Eae~ line
of $aia Section 29, a distance of 1302.55 feet to the Northeast
corner.,:or'Tract. "E- of. said .SHOPPES 01 WOOLDlUGIJ'1' P.C.O." and the
~OtNr or BEGZNNtN~ o~ this descrlption; thence S.8aG26' 13- w.
alonq ~e Horth .line of said Tract -ED, "580PPESO~ WOOLBRIGll1
P.C.D.~, a dietance al 1271.3~ feet to &. point on cu~el thence
Northerly ~long 'th. a~c of a Curve .to the ri9h~ who~e.r.dius point
bears. N. 70- 55' ]6D ~.. h~~in9 a radius.of 1546.2& fee~, a
centr~l'anqle.of 010 121 28-, an arc distanea af 32.60 feet to .
point; thence N. S4~ U,I 2911 'W., a. distance of. 6.37 ."feet. t.o a
point on curve; ~ence Northerly along. the arc of a curve to the
righ.t.'whose radius point bears N_ 80. 18' OSII E.. having a radius
)' la 20,00 SlOT'~~CIoP 0: 1!5!50.76 feet, & central angle of OS. 351 3211, .~ 'ar~ distance
, H .\ at: 232.~e teet 1:0 a point. or tangency; thence N. OP06' 2J". W.,' a
.' N. 88026'1', "E
· '4i.~nce of 416..e fe.~; thence N. 01- 30' 32M ~" a distance ct,
11"33'09 ~50.00 23.751 'feet, ~hence s. aa-26' 51. W., a d1$tAnce gf 358. 72.teet tC
..!!ON.Oea~O'''2e' 13. 50.00' i:.hi! . NOrthwq.4i1~ cc)%'nElr of Lo~ l:l, BI-cok 33 of eaid "LARS BOYNTON
ES~TES PLAT 2": ~ence S. 01" 33' 09- B., alons the Wes~ line of
;\9f.~p'/CAJI' .... s-ai,.d Block .33.. a distance of 180.09 feet: .,the,nca' s. ag'"26'. 51"
. '" " 120 00' fNO. P...-. ,
'33 09 E . HO.19:SO W.. '8 dutance of 30.00 feet to "the centerline of S ~.W. 8th Street
and'thaSoutheast . corner of Palm Beach Leisl1r~vill~ .Section 3'~ as
recorded in Plat Book t81 Pages' 243 and 244 of the' Public necords
Of 'I"alJII' 5each.' County, Florida; thence. N, .' or" 33' 0.9" W. along
. sG.i.dE:lI&:t"line an4 the centerline ot's.W. 8th Stree.t., a. distance
ot 1#640.08 tcc~ ~a ~he Intersection with the Hesterly projectlqn
of. the North., Line ot'"' Block ~O of said ".LAkE BOYNTON ES'l'A'1'ES '''tL:oU
1": . .thence H., B~. 26' 1311 E.alC)ng said No~.~h line a cli8~ance of
200, 00 ,feet;.. tnence s. 01. 33' 09 II '. E., a d1.st:anC/II of 120'. OO~et.7./
thence"N.' 880 261 "13" B.. a distance of 50.00 feet. ~ence Sr '01
33'. 09\11 E~.,; a.' : distance of 170..00. feet. to th.e' No~west corner of
. Lot ~, Block.,2'l of. 1tIJUQ: BOnfl'ON. ESTATES PLAT 2;'. thence. N. 88.26'
1J~":.E:.~ a1.Qng. the North'line thereof,. a distance of' 50~OO .~: feet to
, thBNQr'thea~t: eorne~;' ot said Lot. '.6;, th~nee. S... 01 033' O!i~ ~~ f a
. dia1:ance of';nO~ 00 'feet to the SOUtheast" corner ~t sa.id .' '.l!ot G;
. ~~~C8 N.-'88:~2Gi.".:13" E... dO"9 .t:he North'l1ne of the Sout)i:on~-half
'ot ~l.;~ck..21:.;a.nd'22.:o~ .DLAJq:.BOYNTON ES~'l!SS,PLA~ 2'",. aclbt1lnc:e of
"1150'.75 fee1:.: 'to'.,t.he "S-Outh,west: oo~nQ.l:' of Lot.." B10C!k'. 23 of said
'. . '''LAD: Bl)tNTON'.ES'1'MES. 'P.IJ\'1".211; thence N. '01034' 16- W>a1oriq'.the
0.. .. .... " .,. ...' . . ", .
... '. 'WeSt'.line::Of~\-B'tocks23; IBA,:-18, a distanee of".760.00 f~et.totile'
;. '" . . ",' . Southwest. cOtner; 'cf.".Lot 4, 'Block llA. of. "LA1u:: BCYN~ON; ESTATES,
'.:. ,... '. ,:<.':'::'..pu~:.r":tt}e~~i:.t"~t~ly..lonq the souih:line 'cif.....~aid Lot' 4 alonq
<~ :1.~.:_:.<;:: ::..."':.....:.;.,. ..:':r8"':j~:;~:.:::.~!:,..;::~'i:".il~~;Q.!~i::.;~Y*u:~~~;:.c~e to. the 'le~~.h~vinq a,radiu$of,.340.3G
'1J.'.~jiil1~" ~l... ~~"':~.==.~~I't.llolo.liIi:c~~~e:;;, t~~~f?le~~""ha~~.~9'.a. .FaM_u8.;.:.9!:''-~P ..3~: feet.,i' , '!..l'\i-U.c
- diata.nc.e: of 50.18 f.e:et ~o the sou~nea$t corner thereot;' th~nce N.
,01 34'.16" W., a dis1:ance of. 136.30 feet to the Northe~st corner
. ..' :. '. . 'ther~f~,~enee :S.' , 88 : l' I' .13- W., a Clis1:ance .of. so. 00 feet. to
.. , ..... the..Southwest.' corner. of L~t 3. Bloek llA,.1:11enci;it.N. OlJ4'16:".W.
-, ':: ,: " " .,". . ... ." .... .:'alqnCJ .the W~:st. .line;of said. Lot ~...' :..a:. di~tance of '11D...O.g:~.foQt:'"'t;o
.":' .'... . the'.Ngrthwest eorner i:he.reof: thence Eas~erly along the. North'line
' .., ot.'LOts: l',?,~~'.and.) of sa~d.Block'llA;: alonqt.he:a.re of a'cA.rc:u.lar
. : 'cu~e t~, .the '~~rtt. hav1nC; a radius :of'352,. 92 feet' .a.nl;i whose. radius
. ,':., peint: b~ar.s~. .O~: ;..34. 115. If.,. nav1ng'a .ce~~raJ,.. angle. of.: ~5 09'
'. os., ~n' a.l:'c. ..d.i.~'tClnCe' qf. . 154.93' feet' to. the, .North'eastc:ornar: of
said ~~.: 1 . and' th.' Ea.~ .1,.14- C)f .aid' a.c:ruo!, U, :t.h.n~.. ~e. 01:. )1("
1~1I .{! alOng 'lIJAid"'Eaat: Untjlof 8t1rtet:~o,... ';15', . 4i..'a.n.~c .of: :001.51
feet ;t'.the.lIOM:,.pr.-SIOINNXNG. ..' ... . . . ..
Said'.l.nds...,aitu.t.::.. in: the City of DOYElton..B.ach, PalJll.; Del.Oh
g:~:I~~~~i~~~;',:9Z'~~~'square: ~8et/9.0.1267 ~~.;~~,. more' c.r' less.
$ulJje~tto' ~lier;ents, ': :Re.tl':l.ct:iol1ll, lteservations, Covenants, and
!li9hts:"of,:",way'.ot '~e~,?r:d. . . '. .
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~rt .:J. of Section' 29, Town~.1.p 45ttth, Range U. East,' Pa~
geach County. Florida and a portion ot -LAKE.DOYNTON ESTATES, P4~1 (
1", ~6 recardqQ in ~la~ Pook l3, PAge 32 ana. "LAKE 80r~TON ~3TATE~ C
P~T2.. as recorded.in ~lat'&oQk 14, Paq8 -17 and "LAKE DOYNTO~ C
ESTIoTES PLAr 3 M, as recorded in Plat Seok. 13, paqa 53 all in t;hi
Public Records of Palm 'Beach CQun~y, Florida. and beinq. more
particularly described as follows~ .
~ DESCRIPTION:
..Tracts "!:J", Me... ana "f;M, "SJIOPPES OF: WOOL8RIGlI'l' P.C.D.".
Ac:c:ord1nq to the plat ~ereot, as recorded 1n Flat uock'G5, paqee
137 and 138, of the ~uhlic ~cC)rdo of ~~lrn Deach couney, Elorida.
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RECORD VER\FIED A
PALM BEACH COUNTY r FL
JOHN B. DUNKLE
. . GLERi< CIRCUIT COURT
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PLAT I t 13-32) .
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R"352,92 " '. NO. 18~
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M E M 0 RAN DUM #225
TO:
J. Scott Miller
City Manager
FROM:
Sue Kruse
City Clerk
DATE: December 6, 1990
SUBJECT: Easement Deed
Tradewinds Dev.
Attached please find a copy of the above mentioned easement
deed which was recorded in Palm Beach County on November 26,
1990.
mas
attachments
cc: Building Official
Engineer Admin. & Coord.
Utilities Director
Planning Director
~~~ ~"'O<-.
Sue Kruse
RECEIVED
.Jt.C 7 1990
PLANN\NG DEPT.
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, :' :::, :\I<.ED BY:
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JOHN B
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<iJ2 Clint Moore Road';---Soite 124
Eoca Raton, Florida 33487
EASEMENT DEED
'rHI~ ~~:\SE:-1El'-rT IJE~L', tndd~ this 1 st_ day of ~-Ioti~rnb~~r / . ()O(! n./ '1nci
:_.-,~-'",'~.~n :'~. .'~i,-:",'Il.::(1.~ ~i'/l--' ~;I1>:-'r:r ':Jrp., ~-=:.1r~~'" _... . ;:.-. .. ,. .~- ;_~'~i~'.'
J n d t h ~ C i t Y 0 t [30 Y n ton Be a c h, par t y 0 t the ~:; e con d p d r t, '''; t 1 C ~; ':'
mailing address is 100 East Boynton Beach Blvd., Boynton Beach,
Florida 33435.
WITNESSETH: That party of the first part, for and in considera-
tion of the sum of TEN ($10.00) DOLLARS, and other good and valu-
able consideration to him/her in hand paid, receipt ~f which is
hereby acknow ledged, has granted, bargained and sold, and by
these presents does grant, bargain, sell and release unto the
party of the second part, its successors and assigns, a temporary
easement for the purpose of providing an unencumbered right-of-
way for utilities which may be granted to others by the second
party, within that parcel of land located in Palm Beach County,
Florida, described on Exhibit "A" attached hereto and made a part
hereof as if recited at length.
First party shall grant no other easements, erect no buildings or
effect any other kind of construction or improvements or plant
any trees or shrubs upon the property described in Exhibit "A".
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of all persons .....homsce...er=laiming by, -c.hrough or under it, t..:--lat.
it has good right and lawful authority to grant the above
described easement and that the same is unencumbered. Where the
context of this easement deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, party of the
seal the date first above written.
hand and
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t.. PARCE~ o=- ~ANr::' SITUA::: Ir--, SEC:~IOr--, 29, TOWNSf.1I~ ..::= SOUTf-", RANG::: ~:: ::.t..='- :::.:,-....
BEACH COUNT~', BEING t.. STRIF 01'" _AN:J :2 =-EE- If\. .;:CTh, THE CErnE;:; _INE r,=- SC:
STRIP B::ING MORE PARTICULAR~Y DESCRIBED AS ~O~~OWS
COMMENCING I., THE SOUTHEAST CORNER 0"" T>-lE NORTHWEST ONE QUARTER (N... :/4' r-
SAID SECTION 2Q THENCE N01'32' 10"W ALONG THE EAST LINE OF SAID SECTION 25, ~
DISTANCE OF 0::34.24 FEET, THENCE DEPARTING SAID EAST ~INE O~ SECTION 29 AND
PERPENDlCULAR TO THE PRECEDING COURSE SBS"26'50"W, A DISTANCE O~ 175.14 FEE, TO
THE POINT O~ BEGINNING.
FROM THE POINT O~ BEGINNING: THENCE SOl"34'16"E, I. DISTANCE D=- ~55.00 FEET TO A
REFERENCE POINT "A": THENCE S8S'26'13"W A DISTANCE O~ S35.00 FEEl TO I.
REFERENCE POIN: "S". THENCE SOl"34'16"E, A DISTANCE 895.00 FEET TO THE
BEGINNING OF A CURVE HAVING A RADIUS OF 1~1~.84 FEET, FROM WHICH A RADIAL LINE
BEARS N8E' 2= ' 44" E: THENCE SOUTHEASTERLY ALONG THE :-RC 0"" St..IC :URVE. SU!,'T:'N:P N~
A CENTRA_ ANGLE 01'" 30":4'48", A DISTANCE 0"" 5S5.95 ~EE- Te t.. ~G:N- o=- ~EVERS:::
:UH\Jt...~~JR~:=- :... :'J~V~ yt..V:NG:.. Rt...~:U~ CJ=- :C9:.E= :=-~::-. =~:J~J w.....;::~:... ~:"=::"- -:..::
3 =. t.. ~:: S 5 E . :: ~ ::: ' 'f", - ~ =- ~ ~:: =: s:... -..: - ~ =-..:. ~ -::: =, _ '. .:.. ~ ;:.' t~ ~ -~, ~ :. ~ =- :' =- ? ~ :: : :: ,--::": '. :::. ~~ - ::. . ~ = =. ~
~ CE~TRA~ ~NG_~ 0= 3C':~'~8', ~ O:S7ANCE OF S7E 3E cE~-, 7H~N:~ sc:.~~ :r"[.
DIS1AN=E o=- 62COC ,__ TO A REFERENCE POIN~ "-, THEN=E SBE'2S ~~'~
DISTANCE OF 3<1~.68 FEET TO A REFERENCE POINT "0', SAID REFERENCE POINT t..~S:
BEING THE TERMINUS OF SAID CENTERLINE. SAID TERMINUS LYING ON THE EAST
RIGHT-OF-WAY LINE OF A BO FOOT RIGHT-OF-WAY TO THE CITY OF BOYNTON BEAC~ AS
RECORDED IN OFFICIAL RECORD BOOK 3002 AT PAGE 916 O~ THE PUBLIC RECORDS OF PALM
BEACH COUNT:', FLORIDA; THENCE FROM THE AFORESAID REFERENCE POI NT ,~"
NO~"34'16"W, A DISTANCE OF 155,00 FEET TO THE TERMINUS OF SAID CENTERLINE;
THENCE FROM THE AFORESAID REFERENCE POINT "C" SOl"34'16"E, A DISTANCE OF 11047
FEET TO THE TERMINUS OF SAID CENTERLINE SAID TERMINUS LYING ON THE SOUTH
BOUNDARY LINE 0"" SHDPPES OF WOOLBRIGHT PLACE P.C.D, AS RECORDED IN PLAT BOOK 65
AT PAGES 137 AND 138 OF THE SAID PUBLIC RECORDS OF PALM BEACH COUNTY.
TOGETHER WITH A STRIP OF LAND 31,00 FEET IN WIDTH LYING 6,00 FEET TO THE LEFT
AND 25.00 FEET TO THE RIGHT, LOOKING IN THE DIRECTION OF THE TRAVERSE, OF THE
FOLLOWING DESCRIBED LINE,
BEGINNING A--: THE AFORESAID REFERENCE POINT"A"; THENCE SOl"34 '16"E, A DISTANCE
OF 135.00 ~EE: TO THE TERMI~US OF SAID LINE.
L=-GA' -,=-5-=-=--0",'. EASEMENT c..
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1HEN:~ SC:'34'lE"~. t.. ::STAN::: D~ :7C:0 __ TC
:=NTER~INE S~:: TERMINUS _vING Dr--, ~~E A=-OR~S~:: SOUT~
::S,~NC::: J~ 1E~ 32 ~E~-
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90UND~RY _:N~ O~ S~G~~~~
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THE ~INES O~ THE ABOVE ~ESCRI3E: E~S=~=NTS SH~~~ 3E ~ENGTHENE: J~
NE:ESSARY, IN ORDEF Te MAINT~IN , CON7INUOUS STRle OF _AN: ~N:
EX~STING RIG~7-0~-WAYS OR EASEMENTS O~ RE:ORC
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(NOT VALID UNLESS E~BOSSED ~ITH A LAND SuRVEYOR'S
~E HEREBY CERTIFY THAT THIS S~ETCH AND DESCRIPTION IS TRUE AND
ACCURATE TO THE BEST OF OUR KNOWLEDGE. INFOR~ATION AND BELIEF
5T ANLEY 70NSUL T ANTS OF ~FL.ORIDA,
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STEVEN T, KRUGER --/
PROFESSIONAL LAND SuRVEYQq
FLORIDA CERTIFICATE NO. ~722
INC.
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STANLEY CONSULTANTS
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STANLEY CONSULTANTS
OF FLORIDA, INC. '
ENGINEERS . PLANNERS . SURVEYORS
2000 LOMBARD STREET, WEST PALM BEACH, n >>407 14071_4'.7444
IDATE
& . 21. Cjo
I SCALE
NONE.
SKETCH ~ DE.'.5c..RI PTION
l)T1LlTY E.A:~E.MENTS
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RECORD VERIFIED
PALM 8EACH COUNTY F
JOHN 8, DUNKLE
MEMORANDUM
TO: Stanley Consultants of Florida, Inc.
THRU: Timothy P. Cannon
Interim Planning Director
FROM: James J. Golden
Senior City Planner
DATE: June 11, 1990
SUBJECT: Woolbright Place Plat No. 1 - Preliminary Plat
With respect to the above, the following items were not included
in the submittal package:
1. Master Landscape Plan (Section 11.B of Appendix B-Planned
Unit Developments and Article VIII, Section S.B.l.d of
Appendix C-Subdivisions, Platting)
2. Construction drawings for the industrial access road
(Article VIII, Section S.B.l/Article IX, Section 12/Article
X, Section 10). The construction of the industrial access
road is also referenced in the Stipulation and Settlement
Agreement (item 5.B on page 4).
JAMES J. GOLDEN
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" WR25:D.18
WARRANTY DEED
THIS INDENTURE, made this ~ 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"
This conveyance is made subject to restrictions, reservations,
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-
thority, and subject to real estate taxes for the current year
'3 30.~&,5.,COand subsequent years. The Grantor does hereby fullY warrant the
title to said land, and will defend that same against the lawful
.)1,00 claims of all persons whomsoever. Grantol- and Grantee are used
. for the singular or plural, as the context requires.
I( ~S3,SO
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and
seal the day and year first above written.
Signed, sealed and delivered
in our- presence:
OF BOYNTON
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BY: f'\ \\\\. ~ ~^ I ~ 1\ ( SEAL)
A. C~RELL~\ & Sect.
Docllllentuy Till Pd $ II (0 S-.3, ,S 0
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Cler~a.t/pc:~", 'J,.,,').ty, Flo..i"
(,IX; .;w:;.)- '-~
I HEREBY CERTIFY that on this day before me, an officer dul y
qualified to take acknowledgments, personallY appeared A. A.
STUART and A. CLYDE WORRELL, to me known to be the President and
Secretary respectivelY of the above named corpol-ation, who ex-
ecuted the foregoing instrument and acknOWledged before me that
they executed the same as the act of such corporation,
STATE OF FLORIDA
COUNTY OF PALM BEACH
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]
hand and official seal in the County and State afore-
_ day of November, 1986.
~
J
o ",y Public. Sble of F1"rlda nl l
My Commission Expiras NOv ' M~(l.
~onqedthruNotary' P~blic u'n~~~~~~~s.
expires:
PREPARED BY AND RETURN TO: PHILIP G. BRAUN. ESQ., ROYAL PALM
TOWERS III, SUITE 5C, 1600 SOUTH DIXIE HIGHWAY. BOCA RATON, FLOR-
IDA 331~32.
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EXHIBIT "AM TO WARRANTY DEED FROM
FIRST BAPTIST CHURCH OF BOYNTON BEACH. FLORIDA. INC. TO
HOWARD R. SCHARLIN. as 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 I ine 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:
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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 LE ISUREVILLE 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
feet, a centri!ll angle of 09-11' 48", an arc distance of
1 of 3
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, F lor ida. Cont aining 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 i ts, 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 held 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 accol~dinglY, 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.
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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 pe'~son 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
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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 Buyers 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 pena~ties as provided by the laws of the aforesaid state for falsely
swearing to statements made in an aff idavi t, and that we have read the
facts of this affidavit, understand them fully, and hereby state that the
facts are true.
,.
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n-President
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A.~~~J~r~secretarY
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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.
~
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[NOTARY SEAL]
My
Notary Public, St<lte of Florida at Large
My Commission Expires Nov. 11, 1989:
Bon.dcdtllru Notary public Underwriters.
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RECORD VERIFIED
PALM BEACH COUNTY. FLA.
JOHN 8. DUNKLE
CLERK CIRCUIT COURT
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"W,\RRANTY DEED
i'ROM INDIVIDUAL TO CORPORATION
RAMCO FORM 34
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7th
day of
Co-Trustees
November
"HIL.'~ (3 ~AUN
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A. D. 1986 by
Ihis "Warranty ieed Made tIte
SOL C. SHAYE and JONATHAN I. laSLAK, as
Iwreinafler called tlIC grantor, to
HOWARD R. SCHARLIN, as Trustee
a corporation existing under tIle laws of tIle State of FLORIDA
address at 1399 S. W. First Avenue, Miami, Florida 33130
hereinafter called tlte grantee:
. with its permanent postoffice
(\'\'hrre....er used herein the terms "grantor" and "grantee" include all th~ parties to. this instrument and
the heirs, Ic~al representatives and assigns o( individuals, and the successors and aSSIgns oC corporations)
"Witnesseth: TIlat tlte grantor, for and in consideration of the sum of $ 10.00 and other
vallLaMe considerations. receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re-
mises, releases. conveys and confirms unto the grantee, all that certain land 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.
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co Together wi/h all tlte tenements, hereditaments and appurtenances tltereto belonging or in any-
o wise appertaining.
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1.<6''-\ I 10 Malle and to Mold, tll(! same in fee simple forever.
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Rnd the grantor hereT}y covenants with said grantee that the grantor is lawfully seized of said land
in fee simple; tltat the grantor liaS good right and lawful authority to sell and convey said l,md; that tlte
grantor 'l(!reT}y fully warrants lhe title to said land ancI will defend the same against the la.wful claims of
all persons whomsoever; and that said land is free 0 f all encumbrances, except taxes accruing subsequent
to Decem{,er 31, 19 85.
lln lflfltness 1tfljhereof, tIle said grantor has hereunto set our hand and seal the day and year
first atJope wri/len, 7
Si' nod. ..lad omlio~"1t: in on, p""nco, , /'/,? (!? $ufl"- / 00
,W:%O/~(~'{\r~_i i' s6f/~~~~"-W~~fustee:t:m=-
'j OR~~~ ,,~mm ) jonat~~~tiiisteemm€!D
DADE ) 5 S :
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 111 and who executed the foregoing instrument and he
acknowledged
before me that he,' executed the same.
WITNESS r:,}' hand and official seal in the County and State last aforesaid this
4th
day of
,I" "',
November
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Notary Public . ';'; :"~i :'.,
Joel P. Newman'E::~teM~fc~~~~~~~}~[~:s:
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4~O ~d..tlcoln Road-~ui te 25 8.~O~ARY fUBlTC STATE OF FlORIDA
Mlaffil Beach, Plorlda 33139 MY,COKMISSTuN D:P. FES 23,l9YO
BONDED TfIRU GENERAL I~S. UIIO.
, A. D, 1986.,
(Seal)
Tlus IlISlrtl1l1elll prepared by:
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STATE OF FLORIDA )
) ss:
COUNTY OF DADE )
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
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.
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Notary public - I
state of Florida At Large
My commission Expires:
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(SEAL) ~"
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NOTARY PUBLIC STATE OF FLORIDa
MY-COMMISSJON EXP. SEPT 2,198i
BONDEO THRU GENERAL 1"5, UKO.
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Lots 2. 3 and 5. Block 11-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. Publ ic
Records of Palm Beach County, Florida: in Lots 13 to 24, inclusive.
Block 21; Lols 17 to 23, inclusive, the West 25 feel of Lot 24, the
Easl 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, incl usive, 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; all 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 line 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 Lol 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 line of Blocks
24 and 25, of said LAKE BOYNTON ESTATES PLAT 2, a distance of 700.0
feel to the Easl line of said Section 29: thence South 01 degrees 35'
08" East, along said Section Line, a distance of 880.00 feet to the
Norlheast corner of Block 35. of the aforemenlioned LAI~E 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.
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WR11:D.18
EXHIBIT "A"
'r-J;lARCEL .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 29, A DISTANCE OF 730.00 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 DI STANCE 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 I 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 18' 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' 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, 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' 09" WEST, A DISTANCE OF 7 27.50 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 vHTH 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 I' 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 I 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.
o
..oLESS THE RIGHT-OF-WAY TO THE CITY OF BOYNTON BEACH, AS RECORDED IN O.R.
OBOOK 3002, PAGE 916 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
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~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; THENC~ SOUTH l' 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' 1,6' 09" EAST A DISTANCE OF 145.33 FEET TO
THE NORTHEAST CORNER OF LOT 7, BLOCK 2, AFOREMENTIONED PLAT OF PALM BEACH
LEISUREVILLE; THENCE SOUTH 87'" 59' 27" WEST A DISTANCE OF 330.70 FEET TO
THE SOUTHEAST CORNER OF hOT 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.
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IwrPARCEi?~'3"':":.
Lot 5, Block 5, LAKE BOYNTON ESTATES, Plat
the Plat thereof as recorded in Plat Book 13,
R,ecords of Palm Beach Coun ty, F lor ida.
.
1, according to
Page 32, Public
RECORD VERIFiED
PALM BEACH COll~iTY, FlA.
JOHN B. DUNKLE
CLERK CIRCUIT COURT
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WR10:D18
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PREPAREO:i:ByiIAND'RETURN' TO:
Law Offices of
Philip G. Braun
Royal Palm Tower III
Suite 5C
1600 South Dixie Hwy.
Boca Raton, Florida 33432
(305) 368-5700
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SPECIAL WARRANTY DEED
THIS INDENTURE, made on this ~ day of OJobe..-('
, 1986
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BETWEEN:
HOUSING CAPITAL CORPORATION
a District of Columbia Corporation
Washington, DC
(hereafter the "Grantor")
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AND:
HOWARD SCHARLIN, TRUSTEE
c/o Katcher, Scharlin & Lanzetta
1399 SW 1st Avenue
Dade County
Miami, Florida 33130
(hereafter the "Grantee")
;2..<;" 0 0
Doc~ntery T^x pd $
$ tnUI1:l1blt! Tn Pd.
Cler"~ ~'1-~'A!' ~o"l}ty. f/lorld.
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WITNESS: That said Grantor, for and in consideration of the sum
of Five Thousand Dollars ($5,000.00), and other good and valuable con-
siderations paid by the Grantee to the Grantor, receipt of which is
hereby acknowledged; hereby grants, conveys and warrants unto the
Grantee, the real estate described below (the "Property"),
and
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AND which conveyance is made subject to restrictions, easements
covenants of record, if any.
Lot 8, Block 39 of LAKE BOYNTON ESTATES PLAT NO.3,
according to the Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 13, Page
53.
AND THE GRANTOR, by this Deed, fully warrants the title to the
Property, and will defend the title against the lawful claims of all
persons claiming by, through or under the Grantor. The terms "Grantor"
and "Grantee" are used for the singular or plural, as the context may
require.
IN WITNESS WHEREOF, the Grantor has hereunto set the Grantor's
hand and seal on the day and year first written above.
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Signed, sealed & delivered
in our presence.
HOUSING CAPITAL CORPORATION
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BY: ~.:.- <<<-- -- ---~ .'
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~lvttu.<-,{./ C1 m- )(/Ja./
Witness
1rttH0$~ ItnrJ
witness ~
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STAT~ J)/~r(2{CI OF)
~Y -OF COf-UH15t/1)
I HEREBY CERTIFY, that on this day before me, an officer du~~ qualified
to take acknowledgments, personally appeared: ~~w.c.s VVl. CA U.t,...ll
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 3/ day of ():~kULr
in
the County and State last set
, 1986
~e0~~ vU. Wt,( r.9;
Notary Public u.l Ja
My commission expires: I r/;Of -( /
(Notary Seal)
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Page 2
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 Oe.. +-0 'o-e-r a I ' 1986, at which a
quorum of directors were present and voting:
BE IT RESOLVEb, 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.
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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~~u~ly, ~nd ~~~_~ state that the facts are true.
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STA'1'~ J)lSll2\C-T )
~TY -OF of COLUH(i.(A
I HEREBY CERTIFY that on this 3t day of Oc.JobG.-r
1986, before me, appeared: :To...,..."es Lo\1,C/..ve-N-
to me known to be the Pre sid~ of the above
named Corporation who executed the foregoing and acknowledged the
same to me.
. ',I
cc;~. ~ JA. ~~~0l.
Notary Public
My Commission Expi res: i 130 (0, I
(NOTARY SEAL]
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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,
corporations Division, on the ?Srh day of ~J1('Jrch
19 ~, Articles of Incorporation of:
HOUSING CAPITAL CORPORA'rION
WE PURTHER 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 WHEREOP I have hereunto set my hand and caused
the seal of this office to be affixed this 28th day
o E , OCo-!-r"\ht:>r 19 8h
Donald G. Murray
Acting Director
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Marion Barry, Jr.
Mayor
RECORD VERIFIEO
PALM BEACH COUNTY, FLA.
JOHN 8, DUNKLE
CLERK CIRCUIT COURT
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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
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WARRAJ\~V DEED
Is.
THIS WARRANTY DEED made and executed the dav
of August, A.D., 1985 by GEORGE T. ELMORE, Individually and a~
Trustee, hereinafter called the Grantor to HOWA..lID SGIARLrn as
Trustee , whose post office address is 1700
South Dixie Highway, Boca Raton, Florida 33432, hereinafter
called the Grantee.
WITNESSETH : That Gr an tor f or an d in cons ide rat i on
of the sum of 'SlD.OO and other valuable. consideration, receipt
whereof is hereby aCkno\\Tledged, by these pr esen ts does 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.
SOBJECT TO:
1) Zoning and/or restrictions or prohibitions imposed
by governmental authority.
2) Restrictions and matters appearing on the plat
of Lake Boynton Estates, Plat No.2, Plat Book 14, Page 17,
Public Records of Palm Beach County, Florida, or otherwise
common to the subdivision.
3) All other re~trictions, reservations, Covenants
and easements of public recore.
~) Rights-of-way of record.
5) Taxes for the year 1985 and subsequent years.
6) Mortgage from George T. Elmore, as trustee, to
E u 9 e n e J. K ray and Ha u r e e n E . K ray, his wi fe, d ate d J un e 27,
1984 and recorded June 29, 1984 in Official Records Book ~282,
Page 1978, of the Public Records of Palm Beach County, Florida,
in the 0 rig i n a I p r in c i pal sum 0 f $1 7 , 0 0 0 . 0 0, w hi c h mo r t gag e
Grantee herein assumes and agrees to pay.
TOGETHER with all the tenements, he:editaments 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;
that Grantor has good right and lawful authority to sell and
convev 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.
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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:
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~EORGE/T. ELMORE, Individuallv
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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 T. ELMORE, Individ-
ually and as Trustee, known to me to be the per son named 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 expressed the=ein.
WITNESS my hand and official seal in the County and
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State last aforesaid this day of August, 1985.
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qr:':O'RD VERIFIED
?ALivl BEACH CO Uf\;T'r' , FLA
JOHN /3, DUNKl::
CLERK CIRCUIT COURT
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Lots II 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
I-l ~ 7 StOOD file in the off ice of the Clerk of the Circuit Court in and for
, ' Palm Beach County, Florida, recorded in Plat Book 14, Page 17:
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REPRESENTATIVES' DEED
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THIS INDENTURE executed this 16 day of .. 4,,,vl1e.'{ ,
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
hetrs 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. I, 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: ~
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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 l8041'18" East, a distance of
1115.65 feet: thence along the arc of a curve concave to the West
having a central angle of l7006'10", 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 0022'42" 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 BEGINNING. containing 9.817 acres of land more or les~
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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. Purchase 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:
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MARTHA FIELD FITE
(SEAL)
(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 cert~fy,.that the ijregoing instrument was acknow-
ledged before me this---1.1.Js.b__day of __ fi\i lO "-~ ' 1986 by
JANET FIELD RILEY, as Joint Personal eprese ative 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:
Florida at Large
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STATE OF FLORIDA
COUNTY OF DADE
I hereby certify that the foregoin
acknowledged before me this /g-4::!::. 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 STATE OF FLORIDA
MY COMMISSION EXP. MAR 26,1988
BONDED THRU G~ERAl INS'- UNO. j
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NOTARY PUBLIC, State
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STATE OF FLORIDA )
COUNTY OF DADE )
I hereby certify that the fOregoi~ instrument
acknowledged before me thi s II day of tJ 'fft..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.
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. MAR 26,1988
DONOED THRU G~ERAL INS. UNO. ,
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NOTARY PUBLIC, State
of
Flor ida ,~;~.\ Large
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RECORD VERlflED
PALM BEACH COUNTY. FL
JOHN B. DUNKLE
CLERK CIRCUIT COURT
t w s prepared By:
ThIs Instrumen WICH ESQUIRE
RICHAHD J, H7~ab'es F~dera' Building
second FIOO~4~o~UNSET DRIVE
CORACJGABLES, FLORIDA 33143
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MEMORANDUM
4 March 1986
TO:
Chairman and Members
Planning and Zoning Board
FROM:
Carmen S. Annunziato
Planning Director
RE:
WOOLBRIGHT PLACE PLANNED UNIT DEVELOPMENT REZONING
REQUEST
INTRODUCTION
Kieran J. Kilday, agent for Tradewinds Development Corporation,
requests that an 85.29+ acre tract of land located north of
Woolbright Road between S.W. 8th Street as platted, but not con-
structed in Lake Boynton Estates and the Seaboard Airline
Railroad be rezoned from R-1A (Single-Family Residential) and R-3
(Multi-Family Residential) to a Planned Unit Development with a
Land Use Intensity = 5 (PUD with LUI = 5).
This request follows a similar request which was not approved by
the City Council in the Fall of 1985; however, because the master
plan which accompanies this rezoning request is substantially
different from the zoning and master plan which was not approved,
this application is not subject to the zoning regulation which
would have required that one year pass before re-application.
SURROUNDING LAND USE AND ZONING (see attached aerial photograph
and location map)
To the north of the parcel proposed for rezoning is a
single-family neighborhood zoned R1A, with a land use category of
Moderate Density Residential. This R-1A District is developed
with single-family housing valued in the $60,000 to $70,000
range, except for lots immediately abutting the proposed PUD,
which are vacant.
To the east of the proposed development is the Seaboard Airline
Railroad right-of-way and a narrow M-1, Light Industrial zoned
strip. This M-1 zoned strip is largely undeveloped with access
from Ocean Avenue. Further to the east is I-95 with interchanges
at Woolbright Road to the south and Boynton Beach Boulevard to
the north.
1
Lying directly to the south of this parcel, but north of
Woolbright Road, are two tracts of land under contract by
Tradewinds. These two tracts of land are zoned as follows:
EAST OF SW 8th STREET
ZONING
ACRES
TOTAL
11.36
1. 89
8.59
21. 84
R-1A Single-Family Residential
R-3 Multi-Family Residential
C-2 Neighborhood Commercial
WEST OF SW 8th STREET
TOTAL
4.93
2.06
6.99
R-1A Single-Family Residential
C-2 Neighborhood Commercial
Further to the south is Woolbright Road, and the commercial and
industrial developments known as Pylon Interstate Park, zoned
C-1, Office and Professional Commercial and C-3, Neighborhood
Commercial and Boynton Commercenter, zoned PID, Planned
Industrial Development.
To the west of the proposed PUD is a single-family residential
section of Palm Beach Leisureville separated from the subject
parcel by the Lake Worth Drainage District Canal E-4 and by S.W.
8th Street as platted but not constructed. For all of the land
uses and zoning classifications mentioned above, the zoning is
consistent with the recommended Future Land Use as depicted in
the Comprehensive Plan.
PROPOSED USE OF LAND (see attached master plan)
Tradewinds is proposing to rezone from R-1A Single Family
Residential District and R-3 Multi-Family Residential District to
a Planned Unit Development with Land Use Intensity = 5 (PUD w/LUI
= 5). The uses proposed in the PUD and the acreages devoted to
each are as follows:
USE
ACRES
Church and School
Residential
Private Recreation
Public Recreation
Lakes, Open Space and
Retention Area
12.6
35.8
5.0
6.0
11.1
2
Road Rights-of-Way
Buffer Areas
D.O.T. Drainage Easement
7.6
3.9
3.3
TOTAL
85.3
The master plan provides for the construction of 618 multi-family
dwelling units to be located in two residential tracts east of
S.W. 8th Street extended. The units proposed are two or three
stories in height with 16, 20, or 24, units per building. Also,
on the east side of S.W. 8th Street are two, 1.5 acre private
recreational tracts, a 7.7 acre open space and retention tract
and a 2 acre private recreation tract located along side the
Seaboard Airline Railroad right-of-way.
On the west side of S.W. 8th Street extended is the church parcel
which is proposed to be developed to include a 1200 seat church,
a 500 student school and a fellowship hall. Also on the west
side of S.W. 8th Street are a 3.4 acre lake and a 6 acre public
recreation tract.
With respect to roadways, the proposed master plan proposes a re-
alignment of S.W. 8th which would connect to Woolbright Road
opposite Corporate Drive. Also proposed is an 80 foot wide
collector road right-of-way which would connect S.W. 8th Street
with the industrially zoned property to the east. Concerning the
existing right-of-way for S.W. 8th Street, the plan anticipates
that it would remain in an undeveloped state.
REZONING
The rezoning of this parcel is being processed consistent with
Section 9(C) District Boundary Changes, Appendix A, and Appendix
B, Planned Unit Developments of the Boynton Beach Code of
Ordinances.
With respect to the impact of the proposed land uses on the
existing pattern of developed lands, it appears that, generally,
the plan provides for adequate buffers to the west, north and
east if the pUblic recreation tract west of S.W. 8th Street is to
be developed in a passive manner. However, this is not the case
for the land south of the proposed P.U.D. \
A number of issues are raised by the exclusion of the land south
of the proposed PUD from the current application or from a
companion application depicting desired future land use.
The property which lies south of the proposed PUD but north of
Woolbright Road is subject to a purchase contract between the
rezoning petitions and the property owners, and as a result of
locating the southerly boundary of the proposed PUD approximately
1000 feet north of Woolbright Road an isolated strip of R-1A and
R-3 zoned land is created. These R-1A and R-3 zoned tracts would
be sandwiched between an 80 foot collector road serving the
3
EXHIBIT C
industrial zoned land to the east and a C-2, Neighborhood
Commercial tract which fronts on Woolbright Road.
If the PUD is approved in its current form, it is arguable that
such a rezoning would result in spot zoning by the creation of
isolated R-1A and R-3 zoned tracts of land. Furthermore, because
of the location of the 80 foot collector road, and the existing
C-2 Neighborhood Commercial District it is arguable that the City
would be compelled to rezone the R-1A and R-3 tracts to a
commercial category if requested as the R-1A and R-3 tracts are
isolated from any similar or compatible land use.
INFRASTRUCTURE
Utilities: Water
The applicant is proposing to construct a 10" water main in the
realigned S.W. 8th Street. This 10" water main will connect to
an existing 16" water main in Woolbright Road and to an existing
10" water main in Ocean Drive. It is proposed that each of the
tracts to be developed would be served by an 8" water main tied
into the 10" water main. Water capacity should be adequate.
Utilities: Sewer
Generally, all vacant lands south of Ocean Drive, between the
LWDD E-4 Canal and the Seaboard Airlines Railroad are to be
served by an existing lift station located near the intersection
of S.W. 3rd Avenue and S.W. 5th Street. All of the tracts in the
proposed development will be served by a gravity system which
will connect to the existing lift station. Sewage transmission
and treatment capacity should be adequate.
Recreation: Public
This general area is deficient recreationally. The applicant is
proposing to dedicate 4.6 acres as a part of his subdivision re-
quirements. This 4.6 acre tract of land will be enlarged to 6
acres by the addition of the relocated poinciana Park which was
platted in 1925 but never developed. Although the acreage is
sufficient to accommodate public recreation, it is arguable that,
owing to the proposed location and proposed configuration, the
park would have to be developed passively. If so, it would not
accommodate the needs of Lake Boynton Estates homeowners or
possibly even the needs of the potential residents.
Recreation: Private
In order to receive 1/2 credit against the subdivision regulation
Recreation and Parks Dedication requirements, the applicant must
provide on site, a set of recreational amenities which meets
subdivision regulation requirements and serves the particular
needs of the residents. In this regard, the applicant is
proposing to construct amenities as follows:
4
RECREATION AREA ACREAGE USES PROPOSED
Southeast 1.5 Pool
Cabana/Clubhouse
Northeast 2.0 Tot lot
Two tennis courts
Northwest 1.5 Picnic Area
Passive Area
Central Open Area 7.7 Field Sports
Picnic Area
Fishing Dock
Also, the applicant is proposing to construct 1.2 miles of walk-
ing/jogging trails located generally in the buffer areas in order
to link the recreation areas. with some additional
clarification, it appears that the private recreational amenities
are adequate to serve the residents of the PUD in terms of
numbers and types of facilities.
Topograph, Vegetation and Soils
The site upon which this proposed PUD is to be constructed
exhibits land elevations ranging from approximately 20 feet along
the Seaboard Airline Railroad right-of-way to approximately 12 to
13 feet along the western perimeter of the site. The soils are
primarily sandy in nature with varying degrees of density. Some
minor inclusions of silt were discovered. Concerning on-site
vegetation, a large stand of mature trees is located in the
northwest quarter of the property. The composition of tree
species is approximately 80% or 700 sand or slash pines, 16% or
140 scrub oaks, 3% or 27 mellaleuca and, 1% or 9 scrub palmetto
trees.
The remainder of the site consists mostly of underbrush including
Florida holly, scrub oak, and palmetto. Based on available
information, there should be no impediments to the development of
the site owing to environmental constraints, however, care should
be taken to preserve the mature forest less exotics, as noted in
Exhibit A, attached.
Drainage:
A schematic drainage plan with calculations has been submitted by
the applicant which proposes a system of swales, pipes, lakes and
dry retention areas. Consistent with the proposed design, roadway
elevations of 14 feet and minimum floor elevations of 16 feet are
proposed. Based on the information submitted, it appears that
the project can meet the requirements of the regulatory agencies
involved in storm water permitting.
Schools:
5
The schools which will serve this site when developed are Galaxy
Elementary, Congress Middle School and Atlantic High School.
Based on data provided by the School Board Staff, it can be
reported that as of September 1985 all three schools were
operating at a level exceeding their design capacity as noted in
Table A below:
TABLE A
DISTRIBUTION OF SCHOOL AGE CHILDREN
WOOLBRIGHT PLACE PUD
SCHOOL OF STUDENTS DESIGN ATTENDANCE
ATTENDANCE EXPECTED CAPACITY AS OF 9/85
Galaxy Elementary 48-85 614 680 (111%)
Congress Middle 27-50 1151 1480 (127%)
Atlantic High 37-50 1606 1781 (111%)
Roadway Capacity Analysis:
As a result of the adoption of the new Growth Management
Legislation, it is appropriate to review all rezonings and/or
Comprehensive Plan amendments on the basis of infrastructure
capacity. This is particularly important when attempting to
analyze whether or not the thoroughfare plan as adopted provides
enough capacity to meet the needs of any request which will
intensify the level of land development, thus potentially
creating more traffic than the system was designed to carry.
In order to accurately evaluate the impact of this development on
the roadway network, the traffic generated by the proposed
Planned Unit Development must be considered to be in addition to
the potential traffic generated from the land south of, but not
included in the project. As previously noted in this report, it
is arguable that the City would be compelled to rezone the
isolated R-1A and R-3 tracts to a commercial category owing to
the findings of fact previously provided. Therefore, in
performing this analysis it will be assumed that all land south
of the proposed Planned Unit Development to Woolbright Road will
be zoned for commercial purposes.
As a first step in this analysis, the applicant was requested to
evaluate the existing pattern of zoning and land development to
determine if excess capacity existed in the system. This excess
capacity could then be utilized by the applicant in the form of a
request for an intensification of zoning. In order to simulate
build-out conditions, it was assumed that the traffic generated
equated to all land developed at levels known or zoned for the
Woolbright Road corridor. In terms of roadway construction, it
was assumed that all arterials would be six-laned including the
bridge over 1-95, and the Railroad, and all major intersections
6
would have provided a dedicated right-turn lane, three
through-lanes, and double left turn lanes on the east and west
approaches on Woolbright Road.
Additionally, the intersection of Woolbright Road and Seacrest
Boulevard was analyzed. The results of this analysis are
depicted in Table B (Highway Link Capacity Analysis) and Table C
(Intersection Capacity Analysis at Building Out).
The results of this analysis indicate the following:
'1. That there is no significant difference between the
existing pattern of development and the proposed
pattern of development, traffic wise;
2. That at buildout at either the existing zoning
or the proposed development, certain elements of
the system will at peak hours go to level of
service D.
'3. That S.W. 8th Street will assume the
characteristics of a collector road right-of-way
resulting in the need for major functional
improvements north of Ocean Drive.
Comprehensive Plan Consistency
Future Land Use Map:
The Future Land Use Plan shows the majority of the proposed PUD
under the "Moderate Density Residential" category (7.26 dwelling
units per acre maximum). The row of blocks along the SAL
railroad tracks is currently shown as "High Density Residential"
(10.8 dwelling units per acre maximum). The overall maximum
density for the proposed PUD is 7.24 dwelling units per acre.
Therefore, an amendment to the Future Land Use Plan would not be
necessary.
Plan policies:
The following Comprehensive Plan policies are relevant to this
rezoning request:
"Provide an adequate range of housing choices." (p.6)
"Provide a suitable living environment in all neighbor-
hoods." (p.6)
"Preserve the present stock of sound dwellings and neighbor-
hoods." (p.7)
"Eliminate existing and potential land use conflicts." (p.7)
7
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TABLE C
INTERSECTION CAPACITY
ANALYSIS AT BUILD OUT
S.W. 8th Street. and Woolbright Road
Existing LU/Z
Proposed LU/Z
A.M. Peak
P.M. Peak
C
D
C
D
I-95 and Woolbright Road
Existing LU/Z Proposed LU/Z
A.M. Peak D D
P.M. Peak D D
Woolbright Road and Congress Avenue
Existing LU/Z Proposed LU/Z
A.M. Peak C C
P.M. Peak C 5:
Woolbright Road and Seacrest Boulevard
Existing LU/Z
Proposed LU/Z
A.M. Peak
P.M. Peak
B
D
B
D
7b.
"Provide for efficient and safe movement within the City
(p.?)
"Encourage the preservation of single family neighborhoods
and discourage conversion to higher densities. (p.39)
"Centralize and cluster high density, residential
development around activity centers created by arterial
crossroads and other areas of high accessibility." (p.39)
"Coordinate the provision of open space and recreation
facilities within new private development to insure an
adequate range of recreation opportunities." (p.?)
Issues and Discussion
1. WHETHER THE SUBJECT PROPERTY IS PHYSICALLY AND ECONOMICALLY
DEVELOPABLE UNDER THE EXISTING ZONING.
The property could be physically developed for about 350
single-family units on the R-1A zoned portion, and 130
apartments on the R-3 zoned portion. Since the beginning of
1983, approximately 50 single-family homes have been built
in Lake Boynton Estates, in the neighborhood north of the
proposed PUD. Furthermore, 16 duplex units have been built
in Lake Boynton Estates, along Boynton Beach Boulevard, and
along the Seaboard Airline Railway tracks. It can be
inferred from this development activity that the subject
property could realistically be developed for single-family
housing in the R-1A zoned portion, and could be developed
for duplexes or multiple-family housing in the R-3
zoned portion.
2. WHETHER THE INFRASTRUCTURE IN PLACE OR PROPOSED IS
SUFFICIENT TO SUPPORT THE USES PROPOSED IN THE PUD.
Except for schools and roadways, the infrastructure in place
or proposed to be constructed by the applicant or the public
is sufficient in size and/or capacity to serve the proposed
PUD. Concerning traffic and roadways, it is apparent that
the build-out roadway system will only be able to
accommodate the traffic of the proposed development or the
currently developed and/or zoned pattern of land uses if all
improvements consistent with the thoroughfare plan are in
place, and then the level of service will drop to D.
Furthermore, it is unlikely that all improvements necessary
to achieve a level of service D will be built such as an
additional four lane bridge for 1-95 and free right-turn
lanes on private property. With these elements absent,
8
level of service E or worse, can be expected. This instance
raises serious questions as to the internal consistency of
the Traffic and Circulation Element with the Future Land Use
Element of the Comprehensive Plan.
Concerning schools in the greater Boynton Beach area in
1982, the School Board determined the need for one
additional middle school and one additional elementary
school. Furthermore, in 1984, the School Board determined
the need for an additional high school based on growth
projected in developing areas. Of these three schools, only
one is currently under construction - a middle school in
Park Walk, west of Military Trail. Concerning the other two
schools, sites have yet to be acquired.
3. WHETHER THE PROPOSED PUD WOULD BE COMPATIBLE WITH THE
EXISTING RESIDENTIAL LAND USE IN THE VICINITY.
The proposed PUD includes two and three story apartment
buildings in two housing tracts east of the relocation of
S.W. 8th Street. The church parcel, located in the southwest
corner of the PUD, would be buffered from Leisureville by a
25 foot wide landscape strip/berm and the 150 foot wide LWDD
E-4 Canal right-of-way (a total buffer of 175 feet). To the
north of the church parcel, the master plan shows a 25 foot
wide landscape strip/berm along the western property line,
which together with the 60 foot rignt-of-way for S.W. 8th
Street, would create an 85 foot wide buffer between the 6.0
acre recreation area to be dedicated to the City and the
rear property lines of homes in Leisureville. As previously
recommended by the Planning Department, the master plan
proposes a 50 foot wide buffer along the northern property
line in order to buffer the proposed multi-family
development from the abutting lots to the north, as it can
be assumed that these lots will be developed for
single-family housing. It would also be desirable to limit
the height of the buildings along the north property line to
2 stories; otherwise, the buffer along this property line
should be increased to 100 feet.
4. WHETHER IT IS APPROPRIATE TO TRANSFER TO THE RESIDENTIAL
PORTION OF THE PUD ALL OF THE UNDERLYING DENSITY FROM THE
CHURCH SITE.
The church site is 12.6 acres in size or approximately
14.8% of the total acreage of the PUD. Because churches are
a permitted use in PUD zoned districts, it is assumed that
the underlying density could be transferred to residential
tracts. This type of density transfer is appropriate for a
large sized PUD where the church is an ancillary use to the
PUD; however, because the church is a principal use in the
proposed PUD, the transfer of all underlying density may not
be appropriate.
9
5. WHETHER THE BENEFITS DERIVED BY THE PUBLIC AS A RESULT OF
UNIFIED CONTROL ARE SUBSTANTIAL IN NATURE.
One of the positive aspects of this development is the fact
that the public, in general, benefits by the cohesive kind
of development which results from unified control of a site.
These benefits take the form of a comprehensive plan for
land development, dedication of lands for public use of a
size sufficient for reasonable development, construction of
needed public improvements, and limited land development
activity. Specifically, the master plan provides for the
dedication of a six-acre public park, the construction of
S.W. 8th Street, and master sized public utilities which
serve the area residents in general and development of the
land in one development phase, thus limiting the impact on
surrounding developed neighborhoods.
6. WOULD APPROVAL OF THE PUD WITHOUT THE COMMERCIAL DEVELOPMENT
RESULT IN A SITUATION WHEREBY THE CITY COUNCIL WOULD BE LEFT
WITH NO ALTERNATIVE BUT TO APPROVE A FUTURE COMMERCIAL
REZONING FOR THE UNDEVELOPED PROPERTY TO THE SOUTH.
Approval of the proposal to rezone to PUD independent of the
proposed commercial rezoning to the south would essentially
limit the future legislative flexibility of the City Council
to approve other than a commercial rezoning for the
undeveloped parcel in question, owing to the resulting
zoning pattern. Approval of the current proposal will,
therefore, predetermine the future commercial development of
the remaining undeveloped parcel located between the PUD and
Woolbright Road. The Planning and Zoning Board and the City
Council should closely examine this issue prior to
consideration of the applicant's proposal. Furthermore, it
should be noted that if the applicant decides not to proceed
with the proposed commercial development, or if a future
proposal to rezone the subject parcel is denied by the City
Council, the result would be a relatively small (in zoning
district terms) isolated, incompatibility zoned, undeveloped
parcel of property which would not be compatible with the
collector roadway and PUD to the north or the C-2 zoning
to the south, and would continue to exist as both an eyesore
and a nuisance to the surrounding area and the community as
a whole.
7. WHETHER THE APPROVAL OF THIS PROPOSED PLANNED UNIT
DEVELOPMENT FURTHERS THE INTENT AND PURPOSE OF THE POLICIES
REFLECTED ON THE FUTURE LAND USE MAP OR STATED IN THE
COMPREHENSIVE PLAN.
With respect to Comprehensive Plan Future Land Map issues,
if the master plan is approved as submitted granting a total
from the church site (which is a principle use in the PUD)
to the residential sites, then the gross density rises to
10
8.52 dwelling units per acre which exceeds the recommended
maximum density reflected on the Future Land Use Map by 1.26
dwelling units per acre.
concerning other Plan policies, the requested PUD is
generally supportive of those policies listed which relate
to housing and recreation. However, this proposal and the
development potential exhibited consistent with existing
zoning will exacerbate a projected imbalance in roadway
capacity and an existing imbalance in school capacity.
RECOMMENDATION
The Planning Department recommends that this request to rezone
from R-1A (Single-Family Residential) and R-3 (Multi-Family
Residential) to a Planned Unit Development with Land Use
Intensity = 5 be denied. This recommendation was arrived at on
the basis of the analysis provided in the report as follows:
1. The property is developable under the existing zoning.
2. The development of this property consistent with the
existing land use and zoning or as requested, will
exacerbate the overcrowding being experienced in the public
schools which serve this area.
3. When the impact of potential commercial uses south of the
proposed PUD is added into the analysis, the best peak
season level of service the public can hope for is level of
service D in certain areas, and in order to achieve a level
of service D, one has to assume that the bridges over I-95
will be reconstructed as previously noted and that all other
public roadway improvements will be in place.
4. compatibility of land uses at the periphery is achieved only
if one assumes that the publicly dedicated park is to be
developed passively and if one assumes that the area south
of the proposed PUD is to be developed commercially. It is
unlikely that a park in this area will be developed
passively owing to the current and future needs of the
residents in the area in general.
5. Concerning the property south of the proposed PUD, it is the
Planning Department's opinion that the Council may be
precluded from rezoning this property to anything other than
to a commercial category for all the reasons previously
stated.
6. With respect to density, it is arguable that the transfer of
units from the church site to the PUD is not appropriate for
a development of this size, thus necessitating an amendment
of the Comprehensive Plan Future Land Use Element.
11
7. The benefits to the public which would result from the
approval of this project are substantial. These benefits
include unity of control in the development of this land,
proper utilization of sewer and water systems including
extension of master sized water mains, dedication of land
for park purposes, the extension of S.W. 8th street,
coordinated land development activity, and the furtherance
of Comprehensive Plan Policies related to housing and
recreation. However, on balance, the negative aspects of
this proposal outweigh the positive aspects.
It is further recommended that the City Council consider reducing
the residential density and the intensity and acreage of
commercial land uses for all vacant lands east of the LWDD E-4
canal, south of the developed portions of Lake Boynton Estates,
west of the Seaboard Airline Railroad and north of Woolbright
Road. Specifically, it is recommended that the Moderate Density
Residential and High Density Residential categories be changed to
Low Density Residential and, in light of the fact that a
collector roadway should be dedicated and constructed to serve
the industrial area east of the railroad, that the lands south of
the collector roadway to Woolbright Road reflect an Office and
Professional land use category as opposed to Local Retail with
the proposed intersection of the collection and SW 8th Street
being located as far south as is practical.
This recommendation is consistent with the comments provided by
the Palm Beach County Traffic Engineer (see Exhibit B) and it can
be implemented as a part of the upcoming Evaluation and Appraisal
Report analysis.
PROJECT APPROVAL
If this proposed PUD is to be approved it is recommended that
approval be predicated upon the developers agreeing to conditions
as follows:
1. That SW 8th Street be constructed as a four-lane divided
collector through to Ocean Drive from Woolbright Road.
2. That the developer construct the intersection of SW 8th
Street and Woolbright Road with the following improvements
a. East approach - free right-turn lane, three through
lanes and double left turn lanes.
b. North approach - right turn lane, one through lane and
double left turn lanes.
c. West approach - three through lanes, double left turn
lanes.
3. That the developer escrow funds in a sufficient amount to
expand the right-of-way of NW 8th Street to 80 feet from
12
Ocean Drive north to Boynton Beach Boulevard and reconstruct
this roadway section as a local collector roadway.
4. That the developer bond the installation of a traffic signal
at SW 8th Street and Woolbright Road.
5. That the developer provide the buffers recommended in the
project report.
6. That the developer modify the master plan as provided in the
memos from the Recreation and Parks Director (see Exhibit
C), and from the Forester/Horticulturist (see Exhibit A).
C~c5~. 0,- ~
CARMEN S. ANNUNZIA'lJt>
/bks
cc: Peter L. Cheney, City Manager
13
EXHIBIT A
Page 1 of 2
IV'\EMORANDUM
TO
Carmen Annunziato
Planning Director
DATE
28 February
'~6 r""""'-~'" .......l"""lT'"'l:l.
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FILE
FROM
Kevin J. Hallahan
Forester/Horticulturist
!lUBJIECT
Woolbright P.U.D~
PU,:"~ii .i lJt~pr.
This memorandum is a follow-up to the correspondence sent to you
in reference to the existing trees on the above site.
I walked the property both by myself and with Mr. Kevin Henderson
from Metro Development Corporation. The entire property has been
heavily impacted by motorbikes and off-road vehicles evident by
the numerous sand trails criss-crossing the site. ,It appears that
large areas within the property were either cleared or burned off
years ago. One section of the property had been cleared and prob-
ably used as a source of sand some years ago. This area is now
a pond surrounded on its perimeter with sand where the vegetation
had been cleared. Exotic Australian Pines, Florida Holly and Me1a-
1euca Trees have invaded some areas and out-competed the native
pines. In general, the property is in poor and declining condi-
tion relative to the overall appearance of Slash pine and Sand
Pine stands.
There are only two substantial areas of Sand Pine stands existing
along the western property line. These stands do provide some
visual screening for the Leisurville P.U.D. residents. Another
aspect of the property which should be noted is its natural top-
ography where low areas (west property) could be used for a lake
(recreation) and the flat open areas located for housing units.
There was no evidence on the site of any endangered or threaten-
ed wildlife. There were no gopher tortoise holes or tracks on
the site. Kevin Henderson and myself reviewed the edge of the
pond area (watering hole for animals) for evidence of animal
tracks but only one single possible fox print was seen. I don't
feel at this time any further detailed study of the area is ne-
cessary, however, we can accommodate the possible existing wildlife
with the following suggestions:
1. The developer preserve most or all of the two Sand Pine Tree
areas to be used as a passive recreation area, new habitat
for animals and visual buffer to the Leisurevi1le P.U.D.
2. Other "green space" areas be provided on the project to allow
any possible wildlife to inhabit these areas also as develop-
ment occurs.
Page 2 of 2
3. The western boundary could be bermed and planted with Native Pine
Trees to provide a continuous visual barrier as the project
is being cleared and developed.
We should meet with representatives for the developer to discuss
these items as well as other possible issues that may have been
established.
~~~.:;u~, ~-.J
Kevin J. Hallahan ~
KJH:ad
EXHIBIT B
.
Boar.d of County Commissioners
~:aren T. Marcus, Chair
jerry L. Owens, Vice Chairman
Ken SpilJias
Dorothy Wilken
Kenneth M. Adams
County Administrator
] ohn C. Sansbury
Department of Engineering
and Public Works
H, F, Kahlert
County Engineer
....4
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February 18, 1986
rEB 20 ].ore:
PLANNj"~G D~PT.
Mr. Carmen S. Annunziato
Director of Planning
City of Boynton Beach
120 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33435
SUBJECT: ASSESSMENT OF THE IMPACT STUDY FOR THE DEVELOPMENTS
IN THE VICINITY OF SOUTHWEST 8TH STREET AND
WOOLBRIGHT ROAD -- BOYNTON BEACH
Dear Mr. Annunziato:
I have had the opportunity to review the subject impact study prepared by
Murray-Dudeck and Associates and have the following comments which would be
applicable to both existing and proposed, more intense land uses in the area:
1. The traffic assignments on Congress Avenue for the buildout of both
development scenarios appear to be low. The latest traffic projections
furnished to this office by Kimley-Horn and Asso~tes indicate volumes
ranging from 52,000 to 55;000 ADT on Congress Avenue in the vicinity of
Woolbright Road in the latest year 2010 computer run.
2. The 1-95 interchange at Woolbright Road will have to be expanded to
provide dual left turn lanes on all approaches and~ee through lanes
east and westbound on Woolbright Road. This will require reconstruction
of the bridge over 1-95. '
3. Woolbright Road should be expanded to a six-lane section from 1-95 to
Congress Avenue.
4. Fully expanded intersections should be constructed at the intersections
of S.W. 8th Street and Congress Avenue with Woolbright Road. Palm Beach
County's revised thoroughfare plan will reflect the expanded intersection
at Congress Avenue. It should be noted that substantial amounts of
costly right-of-way will be required to allow these improvements to be
accomplished.
BOX 2429 . WEST PALM BEACH, FLORIDA 33402 . (305) 684-4000
,.
5. Improvements to S.W. 8th Street should be implemented as recommended in
the traffic impact study.
Given the magnitude of the costs to construct these improvements, and of the
traffic impacts which can be expected in this area resulting from either
development plan, I would strongly recommend that the City work to insure
that any future zoning/development approvals be tied to conditions which
would require participation in the construction Of these suggested
improvements. If possible, the City should limit the density or intensity of
development projects in this area since it will be very difficult to provide
the roadway system that this report indicates will be required.
As always, the opportunity to comment is sincerely appreciated.
If you have any questions or require further imput, please do not hesitate to
contact this office.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
aA.L,:e~
Charles R. Walker, Jr., P.E. ~~;(!'Y
Director, Traffic Division
......11
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MEMORANDUM
February 18, 1986
TO: Carmen Annunziato, City Planner
RE: Woolbright Place P.U.D. Master Plan
LAND DEDICATION REQUIREMENT:
Review of this P.U.D. per the land dedication ordinance yields a require-
ment of 9.27 acres for public park and recreation purposes. (.015 ac/unit x
618 units).
If 1/2 credit is given for private recreation facilities provided, the
acreage required for dedication will be reduced to 4.6 acres.
If the Poinciana Park property owned by the City is traded for equal
acreage (1.3 acres), a total of approximately 6 acres of property for public
park and recreation purposes will be available.
CREDIT FOR PRIVATE RECREATION FACILITIES:
The location of the small, private recreation areas is not conducive to
use be all residents of housing parcels #1 and #2. The only pool is located
in the far southeast corner. The 1.5 acre, northwest parcel has little
recreation value to residents as it is virtually cut off from the P.U.D.
Consolidation of these areas with the proposed 7.7 acre open space area
would create a centralized recreation area equally accessible to both housing
paTcels, thus more appropriat~ly servicing the residents.
The southeast, 1.5 acre parcel indicates provision of a cabana/clubhouse.
As no design or sizes are provided it cannot be determined if this amenity can
provide for an indoor meeting area for residents. -
.~
During the processing of a previdus master plan submission for this site,
a representative of the developer indicated that a written agreement would be
arranged with the church to provide use of the church for group meetings for
homeowners' associations, etc. The City strongly recommended that some such
facility or agreement be providecl.
Prior to receiving 1/2 credit for private recreation provided, a more
detailed site plan ,showing basic dimensions, sizes and locations of specific
facilities should be provided. Examples of details are: size of swimming
pools, equipment to be provided in picnic and playground areas, design and
layout of sports fields, etc.
SIX ACRE PUBLIC SITE:
The need for an active neighborhood park to service the population south
of Boynton Beach Boulevard and north of Woolbright Road is critical to our
park and recreation master planning. The location and configuration
Carmen Annunziato, City ~nner
Woolbright Place P. U. D. "_...ster Plan
February 18, 1986
Page 2 of 2
---------------------------------------------------------------------------
of the proposed public 6 acre site is not appropriate to meet this need as
it borders Leisureville on the west and will force the site to be passive
in nature.
A solution to this concern is to convert the 1.5 acre private site in
the northwest corner to public and add 4.5 acres contiguous to the site on
the east side of S. W. 8th Street and along the northern property line of
the P.U.D.
This 6 acre site with proper configuration will allow for both passive
and active neighborhood park design and meet the needs of the service area.
MAINTENANCE AND LANDSCAPING:
Attached is a memo from John Wildner indicating our desire relative to
landscaping and maintenance responsibilities of public rights-of-way and
private buffers.
,....-. ,-.
-------"
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(;~
Charles Co. Frederick, Director
Recreation & Park Department
CCF:pb
Attachment
CC:
John Wildner, Park Supt.
Mark Thompson, Rec. Supt.
Mr. Peter L. Cheney, City Manager
"
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1
AGREEMENT
THIS AGREEMENT made this
17th day of
OctoJer
, 1990,
by and between THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter
referred to as "CITY") and Tradewinds Development corporation
(hereinafter referred to as "TRADEWINDS").
WHEREAS, TRADEWINDS has heretofore
submi tted to the CITY
for approval, a preliminary Plat of the Woolbright Place PUD
(hereinafter "Plat") pursuant to Appendix C, Article VIII,
section 5, and
WHEREAS,
TRADEWINDS and the CITY have processed the
preliminary Plat before the Technical Review Boa od, Planning &
Zoning Board and city commission in accorda~ce with the
requirements of Appendix C, and
WHEREAS, the Planning & Zoning Board of the CITY at its
September 17, 1990, special Meeting conditionally approved the
preliminary Plat and made its recommendations to the city
commission, and
WHEREAS, the city commission conditionally approved the
preliminary Plat subject to an Agreement in writing being reached
between TRADEWINDS and the CITY regarding the park and recreation
areas required for the development of the proper.~l wtich is the
subject of the Plat, and
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WHEREAS, Appendix C, Article IX, section 8 requires the
dedication of park or recreational facilities as a condition of
preliminary Plat approval, and
WHEREAS, Appendix C, Article IX, Section 8G requires an
Agreement, in writing, by TRADEWINDS with respect to the
ded ication of lands, the payment of fees in lieu thereof, or
both, at the option of the CITY, and
WHEREAS, it is the objective of the CITY and TRADEWINDS to
create a legally binding Agreement which not only sets forth the
rights and duties of TRADEWINDS and THE CITY with respect to the
park and recreational areas, but which also constitutes the
writing required of TRADEWINDS pursuant to Appendix C, Article
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IX, Section 8G.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS
AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, IT IS HEREBY AGREED
AS FOLLOWS:
1. The CITY agrees to accept a combi nation of land,
located outside the bound3ries of the Plat, and fees in the form
of actually constructed improvements to a proposed CITY Park in
satisfaction of TRADEWINDS obligation to provide land for park or
recreational purposes within the boundaries of the Plat.
2. The CITY and TRADEWINDS agree that the fair market
value of one acre of land within the boundaries of the Plat is
$75,000.00.
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3. TRADEWINDS shall convey to the CITY by special Warranty
Deed and such other collateral instruments as ,re determined by
the City Attorney to be necessary, 3.5 acres of land, the legal
description of which is set forth on Exhibit "A" and attached
hereto. Said conveyance shall be free and clear of all liens and
encumbrances and shall constitute partial satisfaction of the
Woolbright Place PUD Parkland dedication requirements pursuant to
Appendix C of the Code of Ordinances.
4. In addition to the foregoing, TRADEWINDS shall, solely
at the option of the CITY:
A. Pay to the CITY the fair market value of one acre
of land which would otherwise be required to be dedicated
pursuant to the formula prescribed in Appendix C, Article IX,
Section 8B4, or
B.
Provide
Actual
Constructed
Improvements
(hereinafter "Improvements) to the proposed park to be located on
the three and one-hal f (3.5) acres heretofore described. The
Improvements shall be in accordance with a design plan generated
by the CITY.
In conjunction with the development of a design
plan for improvement of the proposed park site, the CITY shall
prepare a detailed estimate of projected costs for each element
of the improvement.
The CITY shall designate those elements of
the design plan which TRADEWINDS shall be responsible for
construction, provided that the total elemen:s designated for
improvement by TRADEWINDS shall not exceed the agreed upon fair
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market value as set forth in paragraph 2 of this Agreement. All
construction improvements which become the responsibility of
TRADEWINDS shall be completed in accordance with the construction
schedule prepared by the CITY. In the event the CITY fails to
generate park development plans within three (1) years of the
date of this Agreement TRADEWINDS shall pay to the CITY Sixty
Thousand Dollars ($60,000.00) in full satisfaction of any cash
payment to the CITY required in lieu of land dedication.
C. The parties specifically agree that Tradewinds
shall have the right to construct an additional 16 units within
the Woolbright PUD, thereby bringing the total buildable units
within the PUD to 656. TRADEWINDS agrees to limit to a total of
16, the units to be constructed specifically in the northeasterly
portion of the property. The area is generally described as "The
Tail". A legal description of that portion of the property is
attached as Exhibit X. To the extent that this provision of this
agreement conflict with, or expand the rights and duties of the
parties as set forth in the stipulation and settlement Agreement
and the Final Judgment in case number CL-86-3631-AE, the parties
agree to jointly submit a Motion to amend the Final Judgment.
5. The parties recognize and agree that there are other
provisions of Appendix C, yet unfulfilled which constitute
conditions precedent to final Plat approval, site plan approval,
and TRADEWINDS development rights with respect to the property.
The conditions are as follows:
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A. TRADEWINDS shall, prior to and in conjunction with
site plan approval for the residential site, establish the
existence of the criteria set forth in Appendi:: C, Article IX,
section 8F for entitlement to the fifty (50\) percent credit for
private open space.
B. The Commission must find that the standards which
entitled TRADEWINDS to credit for private open space pursuant to
Appendix C, Article IX, Section 8 have been met.
C. In the event that TRADEWINDS fails to establish
the existence of the criteria set forth in Appendix C, Article
IX, section 8F or if the city Commission fails to find that such
criteria have been established and that it :.s in the public
interest to prov ide TRADEWINDS with the f i f:y (50%) percent
credit, based upon the grounds set forth in the Code, then, in
that event, that portion of the Surety Bond which equates to the
value of four and one-hal f (4.5) acres of property shall be
subject to forfeiture to the CITY.
D. TRADEWINDS sha 11 furnish to the CITY a Surety or
Performance Bond in an amount equal to one hundred ten (110%)
percent of the total costs of (1) surveying, and (2)
construction for the installation and completion of all required
improvements including sidewalks as set forth in Appendix C,
Article 8, section 7 of the Code of Ordinances.
The Bond shall include, but shall not be limited to,
the fair market value of the one acre as set forth in paragraph 2
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-qf this Agreement, and the cost of all lther required
improvements pursuant to Appendix C of the Code.
The Bond shall not initially include the estimated
value of the five basic elements of parks and recreation
improvements within the parameters of the Plat. The value of
such improvements shall be established in conjunction with, and
as a condition of site plan approval. At such time as the actual
park and recreation improvements are determined a final value for
the improvements shall be made and the Bond ,;hall be adjusted
accordingly.
The Bond or Bonds required by this Agreement or by
Appendix C of the Code shall not be released, reduced, or
extinguished without the prior written consent of the CITY
following City commission action.
E. A determination by the staff of the CITY
administration that the 3.5 acres described on Exhibit "A" to
this Agreement are suitable for future park development by the
CITY without the necessity of expenditures for ;site development.
F. A determination by the city commission when
development of the park or recreational fac il i ties described
herein shall be commenced.
6. The parties agree that nothing conte ined herein shall
constitute a waiver by the CITY in favor of TR\DEWINDS of any of
the procedural requirements for preliminary or final Plat
approval, nor shall this Agreement constitute or create any
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I add i tional conditions on TRADEWINDS to obtain prel iminary or
final Plat approval.
7. The final Plat shall contain a notation which makes
reference to this Agreement and this Agreement shall be recorded
in the Public Records of Palm Beach County.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date indicated below.
DATED: t::th7?JAbe /7' /99.c?
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DATED:
CORP. THE
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By:
t
President
(corporate seal)
ATTEsM'r~>,...9JC ~M ~
ITY CLERK
(City Seal)
By:
a:2
BOYNTON
10/17/90
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