Loading...
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. ....., . ..... . , ',..." " . ,. .' . 11/]P/llll :t'220' 1 kJ o '" 120 ". ~'-':13,'. . .:. I )1033'09 . ..!!ON~.26' 13N r LtI./CAP I.UIJP. .3309"E 120.00" '.ll ... " .:~, ~ " " I' I. . ..' . .. ''"!.'' I;, :. '. . ... i,. '. " . " .... ,,'. ~. I ..' " ", -' . .. \'~ '::. '~. I"~;, I.' ,'. ..~)P~.'I . t0lJ8t1uar. .",it.h. .:I'::::!'+";~I1!:'\:.~~-~:~:~":~!'~~:~~": .,{'~: . " . ~. . . . ". . . ". .. . ~ . '. .1 .' . ,0' " . . . . ...' '. :'.':" to'" .:~ ';. I"" , . .':"J. 0, I;J' .. .~~ ' : . . 1 . .-., ~ . ". . . ~ . . .:. LAKE:':.:BOY~TON'.~STATES"'. PLAT '.' I ( 13~ 32) '1 I ' : .,; ....... ..~."..~. ,.- .' . 1 ] : rNO; PJ R-352.92 . ..No. n~ A-2:5CJ09"98" ~(Io'.r.' A- 154.93 . . . ..'~1. .. .....:'.. '....,.,c.;l"2'~ L~:" . ;~v"'('(I.--\'~'/l'~~.v"V'q C. i -1ctW. ~~ (:~ .,(..:.:1"'""C-c:> .. ~ \. - ..--..':' '"" i I...;~.C-;- t,1..: i -i:::l L. 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 < I ~ ."'.. , ,::,;:-. _\ ,.. ...... _c::);~ ,'"- ~': i .:. ~L t~.. :r -C:it\, ~':::J..::"laU2:r c: ~ + ,. :? :~; .:. ~~ 3et''': t :.:~n :.,;::::' ~ ,_~' :r, , , : ~ .: _, ;,...:....: ...... I ~.' L-_'l_~' ....: ~::) ~ : ~~.' E':'~ !. : ~JC.' ~ . - ... ~ ,'~,:- -......... -,'" ',', ..~: ;.. :: '( - 7: r-'c.l ~. ,:l.i ..~-~ ,.. i ,;-? 1'\'c-:.:.:..:.. br _ ~-;,,_:e } .~-: ~i '.:' 2r ~'. } '<.* ::i ~., (~ Lt(? .. . ~J(~V-"" :'=:':"':":1 _. ~J ~ : ... ;-1 ~-~ '__' ~. ,_, G;:' ..::...: J. .=.;; :L'd ;:inLi ~- 'r'o .~ '. :. ~ ~. .:..... ~ ~.. 'ti .-..,. l .r ~') :<.:. LI :...' C:. :"T ,.:-...... ~~> ~ I r "' s e r. ~..~:; t. :"..e ~~n"_,::.~-c ::.~ :;;-~- .( 1: ~ ~._.l....... ,,-_, ',) ;:-;: - : .~ .J j'; ';'-.:.' 1 ' ,. ~ ,:" ,J ;: - - .", ." ~.. '=-"-- '- :....,. " '.:' ::..t'.E' ':' ;'C':. "'..c'~ d ~. ,,-. :,: a: ',' ':'~l ::-~CI .:'.(:1'= [-e{~ .~ ce";~:.!. ~:..; ::i':':' !.- '::i._.It,.. ;;.;..:.:.... " ;: i~ F .L o_! ..:;.;:.:,: ::.:.:- 'or.' . . , . _', ..:. I ;-~ ~ ::-J" - '-.~ .., t.' 1: :i' A"--1 ,,-," ~' '.-' - . ~ .... '/ ;_?-,' J '_ '_.r. _:. ~;-' RECEIVED ,~ .JEe J J 1990 PlAl\J'NII~l:i DEPT. - ~ -~ ,,-. :...-.., '-:-;' ?" '{': 7?: 1--'" ~'i.+L_':D '\.-I t..'.. _:_~ "~1 ~:::~ U 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) ~ ' ~ ~ ~~/4<<,~ ~/L-;) 1 Sl.gnat re) :r~~~.-# ~~J~ ~-t4-~ ~~ d ~~~~~~ ~ ~tl"'-- ~ Z1/ /rr~ ~ t~ 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. -- ... I':j (1,) rrJ u1 'A , :..:.... \' ." , ,.'- , " ... ,- J ,-,\:............. .,J r"",,_\, ~~ '~"" "-:1,' , ' ." ' -'\: \ J ., ,\ " t"l 11.1 e ~ tQ <U 1~ ts l~\ -- k~J R9t) -/87 PREPARED BY: rt-r-.I~_4n.",o -- , IJ " L J. L i'7 U!;'. ',';~,-" on- '7~ -'":\ ''""\U8 . ......al!1 . _1 -s.-J -J ..a:.....&:.-. Tradewinds Group 902 Clint Moore Road, Suite 124 Boca Raton, Florida 33487 /":;-;0 V!\!,..I c-r .1'1 7.1. LLJ.-r., ;::J ;.J D i i' '3 CDn IO.GO Doc ,1'\' r~. !1 I"".! l~jl.'.J I" ..-q .-!'1i.'- !"'in :-so:.,,! i~;Tt,f ';vnH c. uv..,r\l_l:. i \-Lt.;-\!\ - re. \'V\.Ir~ 11' rL ~.jj 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. '-. -. I " C' " '" 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. .-.- -... ,. ....\i'in "-inti 666 7 p,~ q-~ : -"- 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 ._ . .> 4 ,(. .-.... " ........, - - - , ."..I~,C.I '-:::JOw.' - "- / I - - c ~ , , , I "- ( NOI034'I61I W "- 85.00' ", , - \ (j) .b (J.l \ CD en I . . r O\~ 0 J::o w - I - U A )> ---- -0 _fT1 ^ :-0 ;'0 CO .-..rr1 rn fTl ~O ~CIJ . if> --< ~O en ;>JZ (ft Z -...( "'t)-l .f::.Z U1 0 GjO OJ 00 00 .. -I . z (X) ... 11 0 0 JS~ c..n,." N N -0 (JJ(J) en (T) en --\ ~ . - OJ G) ~ - (X) ~ VI. fIl CD :{ - (./) (J) 0 0 fT1 ,." --J-\ N '-""1> - 0 Cl (J) ::p UJ ~ r - \) rrt -.J VJs I ...., m I CD ~ J> 0'1 -J (f) 0 ::0 -i . (JJ - - ()J 0 0 -0 (;J - N 0_ . G) -.J J 0 r CO - 0_ ):> :r: , --- (>I -I --1 en - N I ~ I I 0 / 1 . / 0 (JJ !'l f.D -~~ 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 N (J1 o . o :u o . CD .. -. \ _ _ l~.?3. 8 21 2626. 37' --~ NOT-- A SURVEY SHEET I OF 2 STANLEY CONSULTANTS OF FLORtDA, lNC. -- tHG'Hl~.S . ~~.....'ftl .. aUAYl!YO'U 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 . O~~ l31 .- .' r-1;:: ;:J GO.l - --.-' ~ '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. -- .... '.<t' '". . -'. ~ov- 'f--~-~ ~O. ... ~ .~' ",,: .~: : '. tSf.,(l3 .:. .~ IIHG''''I!!''I . ..V"......II!"I 0 ,U"~"DtU ~ L o-.....I'lD 5Tll(E'T. W'II.f'T ....L.. aIACti."~ ~17 'MTI...U."...... IOA~ 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.. ." '. "_. ...' A. _ _..- : "." ..' .. ...... . "'-... ',::-:,::-:,:-'-':' :",_:-,,~",,<-:- " -.'. ~ -.;,.- ~O'd O~:ST 06'tT AON tl90 ~t8 . cq',j l31 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 " ..~~ 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 vi CiCb / ,"j 104 ""'-. 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: ~~VA .L~~ ,"J . '.", \' .. t,' CITY O~ BOYN1'ON ..BE~qH.. , 'i a Municipal ,bcrpora,tion ". / i....;: .) , . ""'., ..'"" ~ --1 '''V'' ,~r BY. //1.,' 7 I ::...;;: J ~, . 'I. of ...' J '. \ It \ I . '" s: Mavl~ "";{', I ;';'. ~~. ~ ~ . . -- I~ ,"v\'" :' j . ... t "i.' . \..... .' 1 eny MTOI7!'JI:y-,.A%~'Ci'''~d, 'as , to 1'~ortn --"'. I '?l="lli~J.- __J -...._ __~ .C-...-i~ . ) STATE OF COUNTY OF 1/ :/ . "1 ;' . .:\ .- -}',' ,I . I 1), . The foregoing instrument was acknowledged before me this ~ 7 day of /thv~8e~ .' 1990, by &-#-= ".-?/a:::;ll<~ , the $.I'9Yc::?A' of the City of Boynton Beach, a Florida municipal corporation, on behalf of said corporation. , ", " , ~~~1'~/- Not ry Public My commission expires: " , .' ..' ',: . ~ . . . ... ;' i'~-/' ,,\.J .- :',1:' , . . :, k.,: ~~D~ . D9C .J . , .' . . . .. .' .... \.' ' . , ". ".''1 '. " " 't ..' Page 2 of 2 OR8 6667 1''3 105 LEGAL DESCRIPTION S.W. 8TH STREET RIGBT-OF-WAY OESCRIPT!ON: A portion of "S. w. 8th St.rQQt." as shown on the Plats of "THIRD SEC'J:ION PALM BBACH LEISUREVILLE"r as recorded in Plat Book 28 at pages 243 and 244 and "SECOND SECTION PALM BEACH LEISOREVILLE"r as recorded in plat Book 28 at PAges 220 and 221 ot ~he FUblic Records of Palm Beach County, Florida and more par- - ticularly~escribed ~8 fQllQ~sl BEGINNING at the Southea5t co~ner of Lot 4, BLOCK 23 of said "TBIRD SECTION F~M BEaCH LEISuaEVILLBn, ~henQe N. sa 26' aln E. along tba south line ot "s.w. 8th S'treet." a. .hoW'n on said plat, a 6istance of 60.00 teet 'to the !last right of 'Way line of "S.W. 8th Street"; thence N 01 33' ogn ~, a distance of 1528.44 feet alonf said .East right of way l1ne to a point on a curve, then northwesterly alonq the are of a circular curve to the right whose radius point bears N 65 08' 03 tI E., havin9 a radius of 490.00 feet, a central angle 0:1: " 43' 05", and arc distance 198.21 feet to a point of intersection w~th the west right of way line of said "S.W. 8th street"; thence S 01 33' 09" E. along the West right of yay line a distance ot 1683.92 fQQt to the POINT OF BEGINNING. Said lands situate in the City of Boynton Beach, Palm Beach County, Florida. COMMENCING ~t the Southea$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. . . '. . ~2l) r )46) o lI'l ~~Ie [TYP. I /20 . :'~'-'3:- . '," . ",.,. .' " :.~ ' . . . '.., .' ., . .c....,.~~r.;.t~~~.,~~~.~J,..,I.....-::~.c:;..:!:~"'...~,.,..... r: , _' _ _" r \'...... . .:'":'"'":..:.._....:--_.. ~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. ~ ( ( . t0get:her.wi 'bh:. i',,:;:,s;,..i~'~".'~:':- ...~'~:.~;..~~'~. ;Ol:'':''.~l'" " RECORD VER\FIED A PALM BEACH COUNTY r FL JOHN B. DUNKLE . . GLERi< CIRCUIT COURT I.." ;.~ . I'..' , ':J :. .. . :~~ : . . . . . - ..... " .. 'LAKE:"'~ :BOY~TON' ~STATES" PLAT I t 13-32) . ." "'4 _...".~. "'\ ,_ I J rHO. pjo R"352,92 " '. NO. 18~ A. 25C09'qs. 1/(1 C . ~. .&"1~.~3.... /\.'m~ I' OI5:d 081c:tlO M/~ g6-1 - ~ - - - - .- - ." EO'E .:l l:JVIH (5-9 ~""'(I :;;;~/.".~:. '" 91 '9 o l:JVIH Q-v !'~1 c't.. 30N3 Mt _ ." ita oz fal 11 no .,'21 ;, '~i\ , 3nN3^1- r ) / ~I~<! ,)QI G MO <;6 \ , .~ :1\1 Ijl 1>' 0-'3 ~1:U '1\ C; ---I (.\'J .... ::t '1)';t9 ''^'i: \ \ ~ \ ~k --- 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. -- ~ ".-~ \f!".! f '''6 .;:'"IMM \'1\.1 y - L. - 1 ., 7 U 'j.; · -y, "fil C"'O- 7-::!C"~"""'C" " 1 . .J'tCl F --.} --.} -' / '7..j ----- .'"Inn UncI -t......_t......~1 ... 'i.-l'~_ t"3 444 , :' :::, :\I<.ED BY: '" i..,Gi1 JOHN B "0 !"1M MD- " "U II \.. ~ .1_' ..... OUr~f<LE, CLERl( - PB !:"~ :1_'-' CGUr~TY ~ r-f ... .L. :' c adew inds Group <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". ?ar-:-. "/ , . ~: :~...:. .:: . ~-~. +- ~ = ,"ll.- --=- -: =~s : >? ~ e r; ~r' .S P ~ C l 3.. 1 =- ../ -......c :-=.3..IT:-? 2c;J.~:-:::~ -,.; a r ~ a :1 t ~-....... r ~Cl'.-rf'-.:l ~ - - I - ~ -......- ." "I ,. __,-" i':'~ .:.......... ....::...;'Ir-: -' - - -""-" --= ~ J. ~ r-:l::;) 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 L.. -- ,.f, 66S1 .., -3 ...,.~o , f A;- -.' .:;;-. r-::'c:=.... =-- :Jt\.' u~:_:-v EASEM~~~ .... 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.. L. ~A;:':~_ ~::- _.....r~: S:....~,:.."7::: :f'. 5~:-:8~, 2~ -:JWNS~;:: ~= S~LI""'.... ~~NG~ ~~ ~~:- ~~ ~ ~~:.:_ ==...'0.- ~- ~ ... .,.. . --..,... .....---- .......- -, - . -:: . --:-:: ..:- s~~::: :;:::0.: ...-;.:.::. -;..;....--::....__;::. =..==:=:::~= ;.,: - - -", . ........__.r\~ :O~~::.t,,;:: ~.:: :... - - -:: :.~ 0===:5;.:: ==:=:::;:,~~''':=: =:: ~:- -~ENC~ :BE':S -- ~ ..... -...... - .. ....- - - - - .....,'"....:.. 0:: Se.. 8C =:::::- -: ;... :::::~~- 2~. -~::: .....=.S- =:SH--:::)=-'l'tt.,'- _:N~ ,...- --. ,- . -......-..-.............. - ~ -......-- ,- --::. ...-__.'-.::..,;::,-1..... ~'- -........... M:IGH~-O~-JIlft." BEGINNING -~~ ::~' ~ 58Y~~8~ 5=-~:~, S~::' ~C:t~- ~_SC ~E:~JG -~~ =::~~- ,- =-RO~ TH~ PD:N- D=- 3EGINN:NG -H~N:::: S8E"2S'44"~ t.. 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~- . -- -~:;j~It\:'J::: ....)- ::J___ 90UND~RY _:N~ O~ S~G~~~~ o~ W8C~B~IGH~ ~,:.:. 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 S~O~"7" =: i~=::. . - ~:: : r.~-;'" =:~S=::- CERTT~T~ATT'JN. SEAL) (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, .../ , -- /~j .f :<n-./ c .' . ._ /Vl------ - STEVEN T, KRUGER --/ PROFESSIONAL LAND SuRVEYQq FLORIDA CERTIFICATE NO. ~722 INC. i : 1, ...... L 1>-, .. < '" STANLEY CONSULTANTS OF FLORIDA. INC, ND--r A juRve'f IEHCIHEI!:'U . ~U".HIE'U . 5UOlVfTO'" 2000 LOM...."O ntlEET, WEn _L" aEACK n ~cn 161fT' W'.l.... ."- RJW ,OATF I &,2.:9(' 15~ I NONE.. , , , OR_.N SKETCH ~ DE:Sc..RIPTJON 15(,\,:"': CHECKED U,1 LlTY EA~EMENT5 .,', ): OR_W1Nu NC, IlE.SC.6 L..:)oo:...BRI C,HT PLACE P D.O I03\OEA.SE P'::" 3 3XHIBIT "A" -- .----- (/ .- ~ h 't ..:M \t\,jl'.~ ..,,....,......7 ; , (..-"''''J: , -L~JL;' __~.~ I i'~->.,-,,-- i ..,'..., -<J I I <l __i_1 1':':'\" Kif t~\ tV \ f'CH"J; "/\- ." I '1-:-:. ....,. ",,,I, ~~::~.:~ -. '6 ~- ~ 'l/\..~(' .' l..: ,~3~~ .(-...:-" 0--- I . ____1:2- I T ----1---, t ~ 6. =~'" I -- ' I I,~ ' I~! (1)1 I~: 1, ~! , I I ! 1'1;\ ' \ ~ I \:: ~ " \.~ t \ \:~\.: '\ 1-:"\') \ \ Co ' \ "'. " 'A \ \ \ "" 0 \ \"'~\\ \ ~ \. \, ~\ -(.j' " rj. '" , \ ~ ....:, ..9, \ "" ,.. , '. '.< \"' " <! ~~. ',00\ \ \rfI \ " . ~1 I I ~ .\~ 0 "l\/1 .- '" <1"- C1) lLKM\Nl)'.~ l.:::..r-"\NT I "I: r~ ~,.~ -, ... Q 1 [) ~ -{@)- '" c'~ -~ '- ! -{ '-:J \,;... .....- ry L ~ ',~ o ___"! u'. 'J - ~ ~ ~ ,~ "I'::' _ \,------- : I o Ig .~ I ~ -i- I III ;J 1.\oJ ,~ ~'O.:- '.,:, -i- g~ '~, 1-; t~~ ~:"~ \ ~ ::'" I 2~ I (11 ~~~ I "j,:~_I,~': ~ 01'1"' I :;, ~ _ _ _ I I L ---! I "'toFE.~E.Nc.."- I,VOIN7 "c" I w -{.j ~.rL-, lit 0 '" ~ , r I "2.01 I SOI~71('E l~-I "'I ~~ 1110.4-1 ,2 >- \:J< I I <tl cO 'Z .. 0 11.' --J (0 f? f- l: '" '" I I I ~ 110_1-1 {2'" c: ~ llIQTE RE.FER6./'JF.: POlr-lT'C"" \ I 0 1 J,.;.: ..--..j ~ -re:.RMINLlS ~ -- I 1 ..t11__~ I ~ - E.5MN'r l "'Te..RMtN.~~ =:S~,..1"'\. \ ~ P'o.c;.. E..SMr-lI.:l... IE.RMIl'JU~ ~ I. E.~"'N" ::.. L-Jso' R/w To T>lE. CI"'" OF I BoY"-',ON BEACH {O.R.B ~oo:z., ~ "tl",) i-- SI-\OPPE:S OF W=L8RIC,.., pc:,. &5 , P.::.:s. 137~ /38 ,. PeD. ~ " ND/',4 6uRVc y 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 ISEALl L..:Joo 1.13 R\ Co f.J. T Pl...As:.E.. P. 1.), D, I0310E.r...-::.E. R.:. 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 JJG:cp /! 1 '- 0- r ::t- -l (11 ..D 00 C'') \f) N :.:i- n.. .::1' N ::> c::> :;;7- CoO co ~ ( <T"'- ' .& " 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 0- m Cl -t 0..... rn 00 o IJl CD BY: f'\ \\\\. ~ ~^ I ~ 1\ ( SEAL) A. C~RELL~\ & Sect. Docllllentuy Till Pd $ II (0 S-.3, ,S 0 . -. -. Intnl1~lbll! T_II Pel. 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 ] ] 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. o ::t- O --t 0- m 00 CJ l.I1 co 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: -i ::t- O -4 a...,. (Tl 00 o l.fl a::l 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. ru ::t- O -i 0- , (11 00 Cl U1 en 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 '- 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. ,. ',' n-President .:! r . , A.~~~J~r~secretarY , . 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. ~ '.1,: [NOTARY SEAL] My Notary Public, St<lte of Florida at Large My Commission Expires Nov. 11, 1989: Bon.dcdtllru Notary public Underwriters. " . ':.... ..-:;, " .. \ ", 't . rn ::t- O -i 0- m 00 o U'l CXl 3 of 3 RECORD VERIFIED PALM BEACH COUNTY. FLA. JOHN 8. DUNKLE CLERK CIRCUIT COURT ,:" ~ \ \ ::l ::J -i "\.J ::J " ..0 ::xl o .::r :& Q.., N ::> o % c.o CO ~ "W,\RRANTY DEED i'ROM INDIVIDUAL TO CORPORATION RAMCO FORM 34 ~1b~ . .. J / 7th day of Co-Trustees November "HIL.'~ (3 ~AUN --.~OO S. beN\C" ,,",W1 ~ u ,"'E: 5 c:.- ~Q(A ~~, ~ ~ 4!>1.. 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. \ n - 1....\ () :J') I vi) f., -- ...~u'" f.. " . ) . TlItft.:glbh .,.. ,.. cr;r~~rlort" co Together wi/h all tlte tenements, hereditaments and appurtenances tltereto belonging or in any- o wise appertaining. . \ 10 1.<6''-\ I 10 Malle and to Mold, tll(! same in fee simple forever. )5,vtJ ( qO \;I. i t\ I'?-,Wl ..D o ..D o C- O r o Ln en 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 '. Ii: .. ", ",~.\I,''''II\:,,:>. /,,'".. .". ". ,.,. '.J ~. ..~tu:V'\""""""'!"~::""""" .. .................... Notary Public . ';'; :"~i :'., Joel P. Newman'E::~teM~fc~~~~~~~}~[~:s: {' , " 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: Address r- CJ -D o 0- o r o L.n CO 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. -.'t."'-': /' i /\1 _ J! " I ,/ I -, "v!:, ,Ie (( ,I '..l /, C ( ti 0/ Notary public - I state of Florida At Large My commission Expires: " . ..."'..... (SEAL) ~" \ NOTARY PUBLIC STATE OF FLORIDa MY-COMMISSJON EXP. SEPT 2,198i BONDEO THRU GENERAL 1"5, UKO. . . , . 6"Khl ~I"- "A 'I " ~JgARCE~~W 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. co o ..D o Cl- o r o If'I CO .. .' " 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. Cl... C) r o IJl CO " ,. ". ~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. t. ;'O! ( o -i -0 o Q... o r o \J1 Q.') -i -i ..D CJ n.- o r CJ L/l co . "' ", -, 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 / "..., WR10:D18 ) 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 -t Cl 00 ::t- ~ r'1 .D 00 SPECIAL WARRANTY DEED THIS INDENTURE, made on this ~ day of OJobe..-(' , 1986 4' Lf) N ::1':_ Q... BETWEEN: HOUSING CAPITAL CORPORATION a District of Columbia Corporation Washington, DC (hereafter the "Grantor") 4 N >- o :z: CJ:I Q:) 22 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. (7--- '3..~&- WITNESS: That said Grantor, for and in consideration of the sum of Five Thousand Dollars ($5,000.00), and other good and valuable con- siderations paid by the Grantee to the Grantor, receipt of which is hereby acknowledged; hereby grants, conveys and warrants unto the Grantee, the real estate described below (the "Property"), and Savv,()0 ~\.~() ~ S. CO AND which conveyance is made subject to restrictions, easements covenants of record, if any. Lot 8, Block 39 of LAKE BOYNTON ESTATES PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 53. AND THE GRANTOR, by this Deed, fully warrants the title to the Property, and will defend the title against the lawful claims of all persons claiming by, through or under the Grantor. The terms "Grantor" and "Grantee" are used for the singular or plural, as the context may require. IN WITNESS WHEREOF, the Grantor has hereunto set the Grantor's hand and seal on the day and year first written above. 00 ::t- O -f 0- M co o Ln CO Signed, sealed & delivered in our presence. HOUSING CAPITAL CORPORATION ~. . ~_...<,. ....------ . C~:.::/ ~. <-- ... <. ---- 1...... ,,' f ___ ,.,- '~ BY: ~.:.- <<<-- -- ---~ .' ./ " .' ..../ Pres. .-.-...... ~lvttu.<-,{./ C1 m- )(/Ja./ Witness 1rttH0$~ ItnrJ witness ~ Page 1 a- :::t- o -4 0- m 00 o LJ'1 en 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) " ~. ':."l ;. 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. -t Ln CJ -t 0- m 00 o Lf"l co -2- I FURTHER CERTIFY that the Corporation is a domestic cor- poration organized pursuant to the laws of the District of Columbia, and that the Federal ID Tax Number for the Corporation is 52-1037960. This certification is partially made with the knowledge that the Buyer and the closing agent will rely on it to establish that the Corporation is not subject to the withholding tax provisions of the Foreign Investment in Real Property Tax Act ot the United states of America. I FURTHER CERTIFY that there is no person in possession of the property other than the Corporation and that there is not any claim for possession to the Property from any other person. I FURTHER CERTIFY that the transfer of the Property to the Buyer does not represent a sale by the Corporation of al or substantially all of the assets of the Corporation. I FURTHER CERTIFY that this affidavit is made for the pur- pose of inducing the Buyers to purchase the Property from the Corporation, and to induce the title insurance company to issue a title insurance policy. I FURTHER CERTIFY that I am familiar with the nature of oaths and with the penalties as provided by the laws of the aforesaid state for falsely swearing to statements made in an affidavit, and that we have read the facts of this affidavit, understand the~~u~ly, ~nd ~~~_~ state that the facts are true. . . (.~~~ ~~v~ .--- ~.~ .......--...-~..-~ ,:/ 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] :. ,: -. . 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 n.J U1 o -l CL ('l'1 00 o Ll1 ro R. Benjamin Johnson Administrator Business Regulation Administration * * * - - ~ ./i/}.-J (/'.' /J / / // /,f - ...-", ,'~',' , /J ,,/ /'{/{/2J.-:,. -; ..' . .'.' ""'.'.,.---1 ., cC.!; ~_' ',~"'''''J,:~:~'I;Y.b?-:>-:J. ~'llrlam Hellen Jones / I 'S u pe rJ n ten den t 0 f cor: Ps> rat ' 0 n s corporations Division -. -' Marion Barry, Jr. Mayor RECORD VERIFIEO PALM BEACH COUNTY, FLA. JOHN 8, DUNKLE CLERK CIRCUIT COURT .j -~ ",t 1.f1 (T1 ::t- o- 00 -, 1J1 CO co C"") M ::c:. a... N '-.:l ::::l -= I.J"") co c:::? :i5 L.""CD CC . . ,.. '1, ~O ) 75, cO 0- ...D r a c- a rn ..D ::t- ee ~-<;a"i' ~. ": I ) /;,.. .,.. ~ 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 ~-- ~n~CC -lie.,., 1u N, ,.:;{ I...,.; - . f r. lilt.... nh 1.,. 1d C ...., r.ot.. '....,./\ c....,..J.v " . ~~ "1- 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. -< "" ' ,/, ,- , ' 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: " " / . ' /~ /~-h-_~_ - _--<--.- ~EORGE/T. ELMORE, Individuallv ~/a~ Trustee ~ ",-. ./ :' ;<::.:: . I -.... -.... As to Grantor ..:.......' . 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 ,. State last aforesaid this day of August, 1985. .-- ,./.. ., ( , .: L ._~.(....._. _\ ,- "-, ,'.:' -- . ...... ':-;'" <.0.-:." ''', Notary Public :' ".' :. I' >. . . .: j.... . . . . '. ( SEAL) My Commission Expire.s:,,: ':~'_, .., .. ~ \ . , -. " :':::J;'"/ ;:;::,;;~. :<;;c :~~~~'a'/:..: ,,' ",::' IJ,'; l..;,:,.;..;:;;;: i:.:;;iies rc.;.'. 15, 1'186- ,;. .,~,::., i..w:.~..: loll," Ita.,. '''111 . Uu'Uq' .1_ " . . . ",.. CtJ ---S.:l'~'~" 4<' _. . ~" . '. ) qr:':O'RD VERIFIED ?ALivl BEACH CO Uf\;T'r' , FLA JOHN /3, DUNKl:: CLERK CIRCUIT COURT 2 ~~~~.f;;;;i)~~'.';.~\MV~ 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: 15:(00 1, ~37,SO ~ fT) 'JJ :r ':t" nJ ..J:) 00, co N 0 ::E ~ co 0- w..I en <.J:'. c::t:' s:D i I I I , a- o 00 o CL a- D o Lf'I CD OocUftntllrY Tax Pc S -Z I Lj ~ "7 ~ .-)0 t IntangIble ...,g~SONAL Cl.~FlQrld& REPRESENTATIVES' DEED ':f'.> / 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: ~ C) AND Q) v ( c: 1- .~ II V)-.l ~ ~ <::t:" ;- '\ 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~ ...~_.__.-_. . o .... CXJ C) 0- 0- o o Ln CD 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: $~~.::: ~~~A l~/n/LJ 0, J~vJe.. V ~ rd~a/ 9 .fih-t ~NEM~ ~ (SEAL) '7?1'.4A.2t.- ,'=L,:/iIl h~- 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 . "', ' ':. 'OJllO I ~~ ' "" ,i . .;- 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 ~ t~[iJ O.J~IAA NOTARY PUBLIC, State .'~ '~".':: ".~ oCFlori~a at';Lh~~:e ,..,'....,- . :\.~"~. .<. .:' " . ,...,("~.,...r . . 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. , (.{,w~ 0,J~ NOTARY PUBLIC, State of Flor ida ,~;~.\ Large -4 -4 CO o 0- CT o o Lfl (Xl . ,,',,;' . , I . . d ,.' ~ .' ",.,.:' ~ ~, ,'- /. ... ~. .~ .,'. r-',. , ,'~. " f : . r I"" t ~ ",', .'. . was , 1986 Estate o.f and of the '.' . . 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 ~........._.... 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 , f ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( otrlll 00 00 OO~ oo~ l1lH~ H~ HOO~ ~oo ~oo ::c 0l1l0 HlO HlO ~O ~O X 10 10 1l1l0 0l1l 0l1l ..... ::l rt'< ::l ::l 0 0 ....' 'D 0 'DO 'Dill 0 o III o III 1Q~::l ~IQ ~IQ ~~ 001-' rtUlI-' Ul I-' UlOI-' 1-'0 .....0 ~ l-!l1lrt o I-! o I-! OOtr tr tr tr I-!tr trl-! trl-! l1ll1l0 0l1l 0l1l I-! 00 I-! I-! 1II1-! l1l1-! l1ll1l1-! 1-!l1l 1-!l1l III !II::l::l 1-'1II 1-'1II 00 ....' rt ....' ~ 0...., X...., Xlii...., ....'!II .....1II !II trlll trlll rtlQ .IQ CIQ .....IQ ....' rtlQ IQrt IQrt HllI I-! I-! . ::r ::r 'tJrt::r rt::r rt ::r ::r~ ::r~ t'" ~1l1l ....'~ .....~ rt IlIrt ::rrt rt Illrt rt rt ....' < 'D III IQ< IQ< III ::l III I-! I-!::l ::l 1II ::l l1l Ul 0 ::rl1l ::rl1l ::l::O Po::O ::ltr::o ~fi. ~Pofi. ::00 ::00 ;.;' ::l ::r rt. rt. Po Po Po PoOPo o I-! OC CIll ~ ~ 00. C' 'tJ. 'tJ ::l . IlIrt Illrt l1l::l1ll ::0 ::0 0 ~ OO::l 1II !II 0 Po::r Po::r Pol-' Po::l Polll Otr tr ~Potr tr I-!tr < 0 . 0 ::ll1l ~l1l l1l l1l rtl1l 0 0 Po I-! C IQrt oort 00 rt rt ::rrt HI HI rt rt I-! ~ ~ ~ ~ ~ ::r ::r l1l l1l OOl1l 00 l1l l1l trl1l 1II l1l rtl1l rt l1l l1l o l1l 1II::l . ::l ::l ::l C::l ::l ~ Po < l1l . 0 0 ::l HI 0 ..... C 0'1 ot>. ot>. ot>. 0'1 ot>. ot>. ot>. ot>. ot>. t"'1-! t'" t" t" t" t" t" t" t'" t" t" CIllI-! " t:l t:l t:l t:l t:l t:l t:l t:l t:l t:l 1-!::ll1l , 1lll1l::l rt rt ..... 0 ::l 0 C I-! I-! l1l 0 0 0 0 1lI "'l "'.I t:l ~ ~ ::l rt t"t" ::c C::l1l H < Gl Nl1l ~ I-' 0 '< HI t" -....] "llOO H PJ 1-!l1l Z o I-! :>; < 0...., 0 1-'3 1II0 ~ III 0 0 0 0 1lI "'.I "'.I t:l ~ ~ l1ll1l "ll tr Po ~ I-' 0 l1l t" H c:: ~ tll N ~ ~ t" (') '< 0 00 ::l H HI "'.I 00 ....' t'" C 0'1 0'1 0'1 0'1 0'1 0'1 0'1 0'1 ,l>. ot>. Illrt t'" t" t" t" t" t" t" t" t" t" C::lC t:l t:l t:l t:l t:l t:l t:l t:l t:l t:l 1-!l1l1-! III l1l rt ....' 0 ::l 0 C I-! I-! l1l 0 )>< ~ )>< 1lI t:l t:l 1lI ~ ~ ::l rt t" t"l1l c::< l1l NI-' 0 HI 00 l1l "lll-! I-! < 0..... 0 0l1l 1II )>< ~ l1l (') ~ )>< ~ tll t:l t:l tll Po t" c:: N . . . '" '- '- l.. l.. . . e l.. l.. ... I.. I.. . . e I.. '- 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. . . lC.....-' .... ';, n '" ,;: ',L! ~.' II . .. t ,..~.',;..-~ ">.., .... :..., ' . .:..,,:} 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 'p "c.."..-;r"'....-;"""D f ... [..i I . ~ - ' A.\a.."",-, LJi.. V .f:.!. n 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 ." J. .,:;~i"' ' ..... ':\i;..,.,'. .. ," . - . ' "." CRW:ASH:wsp "':~4'. ...... ...... " '~- ", ..1' r-; ~r'"'l- -;---~ , j: i r.~- 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. ,....-. ,-. -------" L t - I , t,; ~~"' \ ~ L Lj~___~'~ " "-- . (;~ 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 " I L / 1 I! ,I' /. /. / . ,.....; r-. / , /" 'I " 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 Page 1 of 7 I ~ C' I 1 I. / ;' 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 t 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. L Page 2 of 7 2CJ , L 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 D:anco '\ nf' "7 , 7,. /- \ l L 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: Page 4 of 7 22 \ ./ / I l L 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 Page 5 of 7 23 '- L -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 Page 6 0 f 7 ~24 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? , DATED: CORP. THE -- By: t President (corporate seal) ATTEsM'r~>,...9JC ~M ~ ITY CLERK (City Seal) By: a:2 BOYNTON 10/17/90 L ~..._- .. -~ .... .-- 2:;;