LEGAL APPROVAL
CITY of
BOYNTON BEACH
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200 N. Seacrest Blvd.
Post Office Box 310
Boynton Bea~h, FL 33435
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OFFICE OF THE PLANNING DIRECTOR
May 20, 1988
Enrico Rossi, P.E.
Rossi and Malavasi Engineers, Inc.
Forum III-Suite 407
1675 Palm Beach Lakes Blvd.
West Palm Beach, FL 33401
Re: Citrus Glen-Citrus Trail Preliminary Plat
Dear Mr. Rossi:
Pleas~be advised that the City Commission approved the
referehced request on Tuesday, May 20, 1988, subject to staff
comments, copies of which are attached.
If you have any questions concerning this matter, please do not
hesitate to contact me.
Very truly your,
CITY OF BOYNTON BEACH
CARMEN S. ANNUNZIATO,
PLANNING DIRECTOR
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Attachments
cc 'City Manager
',Technical Review Board
Central File,
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M E M 0 RAN DUM
TO:
Don Jaeger
Building Official
DATE:
July 7, 1993
FROM:
Sue Kruse
City Clerk
RE:
Surveyor's
Affidavit
CITRUS TRAIL
--I_-"",,_~---,,-
--
Attached please find a copy of the above mentioned affidavit
which was recorded in Palm Beach County on June 18, 1993,
~~
Attachment
c: City Attorney
Planning Director
Utilities Director
Engr. Admin.
/mas
RECEIVED
JUL 12
Pu\NNING DEPT.
RECEIVED
JUl 6 1993
Return to: (erdose self,addressed stamped envelope)
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J{M-18-1993 9:27am 93-190314
ORB 7759 p.:! 1 793
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Property Appraisers Parcel Identification (Folio) Number(s):
SURVEYOR'S AFFIDAVIT
THIS SURVEYOR'S AFFIDAVIT IS FILED WITH THE CLERK OF THE CIRCUIT
COURT FOR THE PURPOSE OF CONFIRMING A SETBACK ENCROACHMENT ON LOTS
108 AND 109, BLOCK NUMBER 1 OF THE RE-PLAT OF CITRUS TRAIL, A
P.U.D., AS RECORDED IN PLAT BOOK 65, PAGES 151 THROUGH 154, OF THE
PUBLIC RECORDS OF THE COUNTY OF PALM BEACH, STATE OF FLORIDA, LYING
IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, IN THE CITY OF
BOYNTON BEACH.
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED JAMES R. ZEIS, WHO, BEING
DULY SWORN, PROPOSES AND SAYS THAT:
I, JAMES R. ZEIS, A REGISTERED LAND SURVEYOR OF THE STATE OF
FLORIDA, BEARING FLORIDA CERTIFICATE NUMBER 5030, AM RESPONSIBLE
FOR THE SURVEY OF SAID LOTS 108 AND 109. DURING THE SLAB LOCATION
FOR THE PROPOSED DWELLING, IT WAS DISCOVERED THAT THE DEVELOPER
FORMED AND POURED THE SLAB FOR THE PROPOSED DWELLING WHERE IT
ENCROACHED IN THE 15' SIDE SETBACK FOR THE PROJECT. (SEE ATTACHED
EXHIBITS "A".)
THIS AFFIDAVIT IS BEING FILED AT THE REQUEST OF THE CITY ATTORNEY
FOR TH OF BOYNTON BEACH.
J R.
TE OF
SURVEYOR NO. 5030
SWORN TO ME AND SUBSCRIBED BEFORE ME THIS
A.D., 1993.
II DAY OF rLi~
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NOTARY, BLI ' '!
STATE FLORIDA: :
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F.R.S. & ASSOCIATES, INC.
901 NORTHPOINT PARKWAY
SUITE 301
WEST PALM BEACH, FL 33407
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RECORO VERI :0 DOROTHY H WIlKEN
CLERK Of THE CQURT - PB COUNT"I', Fl
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RESOLUTION NO. 90- EEE€.
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FlDRIDA
APPROVIN3 THE FINAL PLAT FOR 'A ~.E PU\T OF. CITRUS
..1FAI~ A P.D.D. IN S~ION 18, TOWNSHIP 45 SOUI'H,
RANGE 43 EASI' AS RECORDED IN PLAT BCDK 60, PAGES
128 thru 130 OF THE PUBLIC RECORDS OF PAlM BEACH
COUNI'Y, FLORIDA
WHEREAS, Resolution No. 88-W approved the final plat for Citrus
Trail for which a perfonnance bond in the amount of $488, 000.00 was posted
and an administration fee paid, and,
WHEREAS, the cost for the irrprovements have not changed for the
previously platted Citrus Trail, and,
WHEREAS, an additional filing fee of $400.00 has been paid.
NCW, THEREFORE, BE IT RESOLVED BY THE CITY CCMM:ISSION OF THE CITY
OF BOYNI'ON BEACH, FLORIDA:
That the plat is hereby resolved to have received final plat
approval by the City Carrnission in the City of Boynton Beach, Florida, with all
conditions previously agreed upon and subject subdivision is hereby affinred
and adopted.
PASSED AND AOOPI'ED THIS /f day of
/0//99'
,1990.
//
CITY ~~,~ ,/ ' BEACH,
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,/ ,/' Mayor
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FlDRIDA
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C 'sslon Member
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Ccmnission Member
Commission Member
ATTEST :
.~4K~~;<
Cit Clerk
(Corp. Seal)
RESOLUTION NO. 89-L{
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE FINAL PLAT FOR A RE-PLAT OF 5 LOTS
(190 thru 194) IN CITRUS TRAIL, A P.U.D. IN SECTION
18, TOWNSHIP 45 SOUTH, ~~GE 43 EAST
WHEREAS, Resolution No. 88-VV approved the final plat for Citrus
Trail for which a performance bond in the amount of $488,000.00 was posted
and an administration fee paid. and.
WHEREAS, the cost for the improvements have not changed for the
previously platted Citrus Trail, and,
WHEREAS, an additional filing fee of $250.00 has been paid.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA:
That the plat is hereby resolved to have received final plat
approval by the City Commission in the City of Boynton Beach, Florida, with all
conditions previously agreed upon and subject subdivision is hereby affirmed
and adopted.
PASSED AND ADOPTED THIS~day of
,1989.
CITY OF
EACH, FLORIDA
......
Vice Mayor
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Commission Member
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mm ssion Member
ATTEST:
Cit$1tf~
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GENE NOORE
LAWnR
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A.T OOIlAN ,.V&Hua
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......
. '
ARTICLES OF INCORPORATION
OF
CITRUS TRAILS HOMEOWNERS ASSOCIATION. INC.
A Florida Corporation Not For Profit
IN COMPLIANCE with the requirements of the laws of the State
of Florida, the undersigned, all of whom are of full age, have
this day voluntarily associated themselves together for the pur-
pose of forming a corporation not for profit and do hereby certify:
ARTICLE I
The name of the Corporation is: CITRUS TRAILS HOMEOWNERS
ASSOCIATION. INC.
, hereinafter called "Association".
ARTICLE II
The principal office of the Association is located at:
639 East Ocean Avenue. Suite 409. Boynton Beach. FL 33435
.
ARTICLE III
GENE MOORE
, whose street address of the office, plac-
of business or location for service of process within this state
is 639 East Ocean Avenue. Suite 409. Boynton Beach, FL 33435
,
is hereby appointed the initial registered agent of this Associ-
registered agent, he
part.
ation. To reflect his acceptance
the office of the initial
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not comtemplate pecuniary gain or
profit to the members thereof, and the specific purposes for
which it is formed are to provide for maintenance, preservation
and architectural control of the residence Lots and Conmon Area,
and all improvements thereon, within that certain tract of
property described as a portion of Section 18. Township 45 Soutq,.
Ranse 43 East
located in. Palm Beach County, Florida; and to
promote the health, safety, and welfare of the residents within
the above described property and any additions thereto as may here
, -1-
after be brought within the jurisdiction of this Association for
this purpose to:
(a) exercise all of the powers and privileges and to perform
all of the duties and obligations of the Association as set forth
in that certain Declaration of Covenants, Conditions and Re-
strictions, hereinafter called the "Declaration", applicable to
the property and recorded or to be recorded in Palm Beach County,
Florida, and as the same may be amended from time to tim~ as
therein provided, said Declaration being incorporated herein as
if set forth at length;
(b) fix, levy, collect and enforce payment by any lawful
means, all charges or assessments pursuant to the terms of the
Declaration; to pay all expenses in connection therewith and all
office and other expenses incident to the conduct of the business
of the Association, including all licenses, taxes or governmental
charges levied or imposed against the property of the Association;
(c) acquire (by gif~, purchase, or otherwise), own, hold,
improve, build upon, operate, maintain, convey, sell, lease,
transfer, dedicate for public use or otherwise dispose of real
or personaly property in connection with the affairs of the
Association;
(d) to acquire (by gift, purchase or otherwise), Lots or
Dwelling Units of
CITRUS TRAILS
, subject neverthe1es
to the provisions of the Declaration and/or By-Laws relative heret
(e) to assume and obligate itself and its members to maintai
recreation and common areas, and the private streets, thorough-
fares, and easements shown (on development plan of
CITRUS
--
TRAILS );
(f) borrow money, and with the assent of two-thirds (2/3) of
each class of members, mortgage, pledg'e, deed in trust, or
hypothecate any or all of its real or personal property as securit
for money borrowed or debts incurred;
(g) dedicate, sell or transfer all or any part of the Common
Area to any public agency, authority, or utility for such purposes
and subject to such conditions as may be agreed to by the members.
No such dedication or transfer shall be effective unless an
instrument has been signed by two-thirds (2/3) of each class of
NE MOORE
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members, agreeing to such dedication, sale or transfer;
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(h) participate in mergers and consolidations with other
non profit corporations organized for the same purposes of annex
additional residential property and Common Area, provided that
any such merger, consolidation or annexation shall have the assent
of two-thirds (2/3) of each class of members;
(i) have and to exercise any and all powers, rights and
privileges which a corporation organized under the Non-Profit
Corporation Laws of the State of Florida by law may now or here-
after have or exercise.
ARTICLE V
MEMBERSHIP
Every person or entity who is a record owner of a fee or
undivided fee interest in any Lot which is subject by covenants
of record to assessment by the Association, shall be a member of
the Association. After receiving approval of the Association,
as required under the Declaration change of membership in this
corporation shall be established by recording in the Public Record
of Palm Beach County, Florida, a deed or other instrument estab-
lishing record title to a lot and improvements and the delivery
to the Association of a certified copy of such instrument, the
owner designated by such instrument thereby becoming a member of
the corporation. The membership of the prior owner of such lot
and improvements shall be thereby terminated. . The foregoing is
not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. Member-
ship shall be appurtenant to and may not be separated from owner-
ship of any Lot which is subject to assessment by the Association.
ARTICLES VI
VOTING RIGHTS
The Association shall have two classes of voting membership:
.....
Class A. Class A members shall be all Owners with the
exception of the Declarant and shall be entitled to one vote for
each lot owned. When more than one person holds an interest in
any Lot, all such persons shall be members and the vote for such
Lot shall be exercised as they among themselves determine, but in
no event shall more than one vote be cast with respect to any Lot.
GENE MOORE
LAWnR
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KA.T OClKA" AVOHUO
aUITO I.
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'Class B. The C1ass B memb~r(s) shall be the Declarant
(as defined in the Declaration)~ and shall be entitled to three
(3) votes for each lot owned. The Class B membership shall cease
and be converted to Class A membership on the happening of either
of th~ following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A member-
ship equal 90% of the' total votes outstanding ,in the 91ass B
membership; qr
. . -. :.'
(b) the expiration of five years from the date on which the
~~ first lot is con~eyed by the Declarant. to a resident
owner.
ARTICLE VII
DIRECTORS, OFFICERS AND INCORPORATORS
The affairs of this Association shall be managed by a Board
of five (5) Directors, who need not be members of the Association,
except that the initial Board of Directors may be changed by
amendment of the By-Laws of the Association. The names and addressc~
of the persons who are to act in the capacity of Directors and
Officers until the selection of their successors and who are also
the subscribers to these Articles, are:
Name
Address
Felix Granados, Jr., Pres.
Eugenio R. Fernandez, V.P.
Arlene V. Marsh, Secretary
850 S. Dixie Hwy. E., Pompano Beach, FL 33060
850 S. Dixie Hwy. E., Pompano Beach, FL 33060
639 E. Ocean Ave., '409, Boynton Beach, FL 33435
The above-named individuals constitute incorporators here-
under. At the first annual meeting, the members shall elect two
(2) Directors for a term of one year each, And three (3) Dir~ctors
for a term of two years each. At each annual meeting thereafter,
the members shall elect number of Directors to be elected for a
term of two years each.
ARTICLE VIII
DIVIDENDS
There shall be no dividends paid to any of the members nor
shall any part of the income of the Corporation be distributed to
its Board of Directors or officers. In the event there are any
-4-
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NE MOORE
LAWYER
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r OCCAH AveNua
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I .&AGH, "LO IUDA
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excess receipts or over disbu~sements as a result of performance
services, such excess shall be applied against future expenses,
etc. The Corporation may pay compensation in a reasonable amount
to its members, directors, and officers for services rendered, may
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confer benefits upon its members in conformity with its purposes
and upon dissolution or final liquidation, may make distribution
to its members as is permitted by the Court having jurisdiction
thereof, and no such payment, benefit or distribution shall be
deemed to be a dividend or distribution of income.
This Corporation shall issue no shares of stock of any kind
or nature whatsoever. Membership in the Corporation and the
transfer thereof, as well as the number of members, shall be upon
such terms and conditions as provided for in the Declaration of
Covenants and By-Laws. The, voting rights of the owners of Lots
or Dwelling Units in said CITRUS TRAILS
shall be a
set forth in the Declaration of Covenants and/qr By-Laws.
ARTICLE IX
DISSOLUTION
The Association may be dissolved with the assen~ given in
writing and signed by not less than two-thirds (2/3) of each
class of members. Upon dissolution of the Association, other
than incident to a merger or consolidation, the assets of the
Association shall be dedicated to an appropriate public agency to
be used for purposes similar to those for which this Association
was created. In the event bhat such dedication is refused
acceptance of such assets shall be granted, conveyed and assigned
to'any non-profit corporation, association, trust or other organiz,-
tion to be devoted to such similar purposes.
ARTICLE X
. 'l
.
DURATION
The corporation shall exist perpetually.
ARTICLE XI
BY-LAWS
The original By-Laws are to be made by the Board of
Directors and/or Declarer under the Declaration.
The same may
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thereafter be amended, altered or rescinded only in accordance
with the provisions of the By-L'aws and the Declaration relating
to amendment.
ARTICLE XII
AMENDMENTS
. "
Amendment of these Articles shall require the assent of
,. ".
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,
seventy-five (75) percent of members present and voting ~t any
duly called meeting.
IN WITNESS WHEREOF, for the purpose of forming this corpora-
tion under the laws of the State of Florida, we, the undersigned,
constituting the incorporators of this Association, have e ecuted
these Articles of Incorporation this ~ day of -;tOM8 A.D.,
198:2. '
Signed, sealed and delivered
in the presence of;
/7)J~Jt~
.1!if1~4PV
t
Vice-President
. ~o/rr-r;,~
Arlen V. rah Sec. 'l'reasurer
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeareq
Felix Granados, Jr., Eugenio R. Fernandez, and Arlene V. Marsh ,
who, after being first duly sworn, stated on oath that they exe-
cuted the within and foregoing Articles of Incorporation as .
subscribers t~ereto.
WITNESS my hand and official seal at the aforesaid State and
County on this day of May , A.D., 1988.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
.~
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;ENE MOORE
LAW"'.
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15:21 GENE MOORE~Att~_ . ~_01
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THALE~~~~;r2HALER ~i? .\- c;J. ~::.~
1300 NORTH FEDERAL HIGHWA Y ..~, tJ ,~/ . ,.v'"
SUITE 212 _ t[/ ~.." l,od
BOCA RATON, FLORIDA 33432 ~/:/_e' :." (;1..,/
CLOSING STATEMENT
04':""05-88 TUE
CLOSING DATE:
March 24, 1988
SELLER~
KNOLLWOOD ORANGE GROVES, INC.
MARIA-FELIX DEVELOPMENT CORP.
BUYER:
PROPERTY ADDRESS:
Palm Beach County, Florida
LEGAL DESCRIPTION:
A parcel of land being the West three-quarters (W3/4) of the
North one-half (N1/2) of the Northwest one~quarter (NW 1/4) of
Section 18, Township 45 south, Range 43 East, Palm Beach
County, Florida, less and except: (1) the North 50 feet thereof
for the Lake Worth Drainage L-20 Canal Right-of-Way; and (2)
the East 141 feet of the West 180 feet ot the South 140 feet of
the North 298 feet of said parcel.
BUYERS CLOSING STATEMENT
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)
CHARGE BUYER
Purchase price
Reco~ding Warranty Deed
$2,350,000.00
11.10
TOTAL CHARGES
$2,350,011.10
NET AMOUNT DUE FROM BUYER
$2,350,011.10
~~I"LBR8 CLOSING ~TEMENT
CREDIT SELLER
Purchase Price
Recording Deed
TOTAL CREDIT DUE SEL[,ER
$2,350,000.00
11.10
$2,350,011.10
CHARG E SELLER
Reimbursement to IntraCoastal
for soft costs
Deposit
Interest on deposit
State Doc Stamps on Deed
TAXES Real Estate Tax Adjustment
(1981 Taxes 8,614.03) 23.60 per
diem X 32 days;:; $755.00)
Record 2 Quit Claim Deeds
Minimum stamps on QQD's
Broker Commission
100,000.00
100,000.00
5,264,63
12,925.00
755.00
17.70
1.10
225.000.00
CHARGE BUYER
Recording Warranty Deed
11.10
TOTAL CHARGES
DUB SELLER
$443,974.53
L- $1,906,036.5'1 _ :";;~;-C:;ST
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04~05-88 TUE 15:21 GENE MOORE~Att~_
P.02
MARIA-F, E,~l~,~J,.j>PMENT CORP.
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By: 1/ ~
By:
KNOLLWOOD ORANGE GROVES, INC.
B~7 A&Lvl) ~
By:
The Parties named below acknowledge that the sum of $203,894.63 is to be paid to IntraCoastal
Development, Inc. from the proceeds of this sale and that the Law Firm of Thaler & Thaler is hereby
instructed to disburse that amount to IntraCoastal Development, Inc. The sum of $203,894.63 has been
derived as followS:
IntraCoastal Development Inc.
Deposit
Interest on Deposit
Soft Cost
Tax Adjustment
(Less 550.00 for doc stamps
on $100,000.00)
Less pmnt. to Rossi
& Malvesi)
(Less pmt. to Thaler &:
Thaler on $100,000.00
increase title ins. and
disburse ments)
TOTAL
Accepted and Approved.
KnoHClSt!zzc
100,000.00
5,264.63
100,000.00
'155.00
(550.00)
(515.00.)
~l,OOO.OO)
$203,894.63
PMENT CORP.
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