LEGAL APPROVAL
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ORDINANCE NO. 88-~~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ANNEXING A CERTAIN UNINCORPORATED TRACT
OF LAND THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND THAT
WILL, UPON ITS ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDITION TO THE CITY
TERRITORY, PURSUANT TO A PETITION OF THE
OWNER OF SAID TRACT OF LAND, REQUESTING
ANNEXATION PURSUANT TO ARTICLE I,
SECTION 7 ( 32) OF THE CHARTER OF THE
CITY OF BOYNTON BEACH, FLORIDA, AND
SECTION 171.044, FLORIDA STATUTES;
PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ADVERTISING; PROVIDING AN
EFFECTIVE DATE; PROVIDING AUTHORITY TO
CODIFY; PROVIDING THAT THIS ORDINANCE
SHALL BE FILED WITH THE CLERK OF THE
CIRCUIT COURT OF PALM BEACH COUNTY,
FLORIDA, UPON ADOPTION; AND FOR OTHER
PURPOSES.
WHEREAS, Augustin A. Hernandez, agent for Palm Beach
County School Board, owners of the following tract of land
as hereinafter described, have filed a Petition for
Annexation to the City of Boynton Beach, Florida, directed
to the City of Boynton Beach, Florida, directed to the City
Commission pursuant to Article I, Section 7 (32) of the
Charter of the City and Section 171.044, Florida Statutes;
and
WHEREAS, said tract of land lying and being within Palm
Beach County is contiguous to the existing City limits of
the City of Boynton Beach, Florida and will, upon its
annexation, constitute a reasonably compact addition to the
City territory; and
WHEREAS, the proposed use of said land and Land Use
Designation have been determined to be consistent with the
future land uses of the City of Boynton Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1:
Pursuant to Article I, Section 7(32) of
the Charter of the City of Boynton Beach, Florida and
in a newspaper of general circulation in the City of Boynton
Beach, Florida, as required by the City Charter and Section
171.044, Florida Statutes.
Section 7:
This Ordinance shall become effective
immediately upon its final passage.
Section 8:
Specific authority is hereby given to
codify this Ordinance.
Section 9:
This Ordinance, after adoption, shall be
filed with the Clerk of the Circuit Court of Palm Beach
County, Florida.
FIRST READING this M day of J rJve Wtbey
1988.
SECOND, FINAL READING and PASSAGE this ~~
{)eeem~.ev , 1988.
day of
CITY OF BOYNTON BEACH, FLO~DA
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Mayor ~
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Commissioner
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commissioner
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ATTEST:
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Ci ty fYerk
i(Corporate Seal)
ORDINANCE 88-48, 88 ---q, 88-50,
I
LOCATION MAP,
CITRUS GLEN (INCLUDING PHASE II)
( PALM BEACH COUNTY ELEMENTARY SCHOOL "p"
LAWRENCE LAKE
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ORDINANCE NO. 88-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY BY ZONING A CERTAIN PARCEL OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA FROM RS/SE (SINGLE-FAMILY
RESIDENTIAL WITH A SPECIAL EXCEPTION FOR
A PUBLIC ELEMENTARY SCHOOL) TO R1AA
(SINGLE-FAMILY RESIDENTIAL), SAID PARCEL
BEING MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING THAT ALL
DEVELOPMENT OF SAID PROPERTY SHALL
PROCEED IN STRICT COMPLIANCE WITH THE
DEVELOPMENT PLANS AS SUBMITTED AND
APPROVED AND ALL APPLICABLE ORDINANCES
OF THE CITY OF BOYNTON BEACH, FLORIDA;
PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE, AND AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19
in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Augustin A. Hernandez, as agent for The School
Board of Palm Beach County, has heretofore filed a Petition
with the City of Boynton Beach, Florida, pursuant to Section
9 of Appendix A - Zoning of the Code of Ordinances, City of
Boynton Beach, Florida, for the purpose of rezoning a
certain parcel of land consisting of approximately 19.23
acres (t) located within the municipal limits of said City,
said property being more particularly described hereinafter,
from RS/SE (Single-Family Residential with a Special
Exception for a public elementary school)
to R-1AA
(Single-Family Residential); and
WHEREAS, the City Commission deems it advisable to
amend the aforesaid Revised Zoning Map as hereinafter set
forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1:
That the following described land,
located in the City of Boynton Beach, Florida, to wit:
The south one-half (S.
southwest quarter (SW
northwest quarter of
township 45 south, range
Beach County, Florida.
1/2) of
1/4) of
section
43 east,
the
the
18,
Palm
Together with that portion of Lawrence
Road Right-of-Way abutting the west
property line of the subject property
All of the above being located in Palm
Beach County, Florida.
Gross Area (including Road and Canal
R/W) 19.23 acres, Lawrence Road R/W (40'
Eas t of Section Line) 0 . 61 acres,
L.W.D.D. R/W (15' Required R/W or
Easement) 0.42 acres
Net area less Lawrence Road R/W 18.62
acres
Net area less Road and Canal R/W 18.20
acres
be and the same is hereby rezoned from RS/SE (Single-Family
Residential with a Special Exception for a public elementary
school) to RIAA (Single-Family Residential).
Section 2:
That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
Section 3:
That the application of the owners and
agents of the subject property for rezoning is hereby
granted for the purpose of permitting the development of
said land as a public elementary school.
Section 4:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 6:
This Ordinance shall become effective
immediately upon passage.
FIRST READING this /~day of November, 1988.
SECOND, FINAL READING and PASSAGE this
/)e~_eyW};d, 1988
Io-d
day of
CITY OF BOYNJO~ BEACH,
uZ ;
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Vie ayor I
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Commissioner '
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Commiss1O . r ,
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Commissioner ,/
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Cityerk
(Corporate Seal)
ORDINANCE 88-48, 8
,9, 88-50, 88-51, 88-53 & 88-!
LOCATION MAP,
CITRUS GLEN (INCLUDING PHASE II)
( PALM BEACH COUNTY ELEMENTARY SCHOOL "p"
LAWRENCE LAKE
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ORDINANCE NO. 88~~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 79-24 OF SAID
CITY BY AMENDING THE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY WHICH IS BEING ANNEXED INTO THE
CITY BY ORDINANCE SIMULTANEOUSLY
HEREWITH, WHICH IS MORE PARTICULARLY
DESCRIBED HEREINAFTER; SAID LAND
DESIGNATION IS BEING CHANGED FROM
MEDIUM-MEDIUM HIGH RESIDENTIAL (PALM
BEACH COUNTY) TO CITY OF BOYNTON BEACH
LOW DENSITY RESIDENTIAL; PROVIDING A
SAVINGS CLAUSE; PROVIDING REPEALING
PROVISIONS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Land Use Plan and
: as part of said Plan a Land Use Element by Ordinance No.
79-24 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAS, a certain parcel of land more particularly
'described hereinafter is being annexed in accordance with
the application by Augustin A. Hernandez, agent for Palm
Beach County School Board, into the City by Ordinance being
adopted simultaneously herewith; and
WHEREAS, the procedure for amendment of a Land Use
Element of a Comprehensive Plan as set forth in Chapter 163,
Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the inhabitants
of said City to amend the aforesaid Land Use Element of the
Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
,I
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Section 1 Ordinance No. 79-24 of the City is hereby
amended to reflect the following:
That the Land Use of the following described land shall
be designated Low Density Residential. Said land is more
particularly described as follows:
The south one-half (S.
southwest quarter (SW
northwest quarter of
township 45 south, range
Beach County, Florida.
1/2) of
1/4) of
section
43 east,
the
the
18,
Palm
Together with that portion of Lawrence
Road Right-of-Way abutting the west
property line of the subject property
All of the above being located in Palm
Beach County, Florida.
Gross Area (including Road and Canal
R/W) 19.23 acres, Lawrence Road R/W (40'
East of Section Line) 0.61 acres,
L. W . D. D. R/W ( 15 ' Required R/W or
Easement) 0.42 acres
Net area less Lawrence Road R/W 18.62
acres
Net area less Road and Canal R/W 18.20
acres
Section 2: That any maps adopted in accordance with
the Land Use Element of said Comprehensive Plan shall be
amended accordingly.
Section 3: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4 :
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5:
This Ordinance shall become effective
immediately upon passage.
FIRST READING this _J~ day of November, 1988.
SECOND, FINAL READING and PASSAGE this ~ -rL day of
[Jei!... €W/ h-€tv , 19 88 .
ATTEST:
c~<f/~
," I (
(Corporate Seal)
CITY OF BOYNTON BEACH, IDA
i
v~~~.r'
C2(: ~~. ~c-
Commissioner
'.a~~
Commissioner
d
.~ U)fj~
Comml.SSl.oner
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ORDINANCE NO. 88-~S
AN ORDINANCE OF THE CITY COMMISSION OF
THE OITY OF BOYNTON BEACH, FLORIDA,
ANNEXING A~CERTAIN UNINCORPORATED TRACT
OF LAND, THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND THAT
WILL, UPON ITS ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDITION TO THE CITY
TERRITORY, PURSUANT TO A PETITION OF THE
OWNER OF SAID TRACT OF LAND, REQUESTING
ANNEXATION PURSUANT TO ARTICLE I,
SECTION 7 ( 32) OF THE CHARTER OF THE
CITY OF BOYNTON BEACH, FLORIDA, AND
SECTION 171.044, FLORIDA STATUTES;
PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ADVERTISING; PROVIDING AN
EFFECTIVE DATE; PROVIDING AUTHORITY TO
CODIFY; PROVIDING THAT THIS ORDINANCE
SHALL BE FILED WITH THE CLERK OF THE
CIRCUIT COURT OF PALM BEACH COUNTY,
FLORIDA, UPON ADOPTION; AND FOR OTHER
PURPOSES.
WHEREAS, Michael D. Gordon and Enrico Rossi, agents for
Intracoastal Development, Inc. (Citrus Glen Phase II),
owners of the following tract of land as hereinafter
described, have filed a Petition for Annexation to the City
of Boynton Beach, Florida, directed to the City of Boynton
Beach, Florida, directed to the City Commission pursuant to
Article I, Section 7 (32) of the Charter of the City and
Section 171.044, Florida Statutes; and
WHEREAS, said tract of land lying and being within Palm
Beach County is contiguous to the existing City limits of
the City of Boynton Beach, Florida and will, upon its
annexation, constitute a reasonably compact addition to the
City territory; and
WHEREAS, the proposed use of said land and Land Use
Designation have been determined to be consistent with the
future land uses of the City of Boynton Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
i
,...
Section 1:
Pursuant to Article I, Section 7(32) of
the Charter of the City of Boynton Beach, Florida and
1
Section 171.044, Florida Statutes, the following described
unincorporated and contiguous tract of land situated and
lying and being in the County of Palm Beach, Florida, to
wit:
The northwest quarter (NW 1/4) of the
southwest quarter (SW 1/4) of the
northwest quarter (NW 1/4); and the
northeast quarter (NE 1/4) of the
southwest quarter (SW 1/4) of the
northwest quarter (NW 1/4); and the
northwest quarter (NW 1/4) of the
southeast quarter (SE 1/4) of the
northwest quarter (NW 1/4) of Section
eighteen (18), township forty-five (45)
south, range forty-three (43) east, Palm
Beach County, Florida.
Subject to restrictions,
limi ta tions , conditions,
agreements of record.
reservations,
easements and
Containing 28.82 acres, more or less.
Together with that portion of Lawrence
Road Right-of-Way abutting the west
property line of the subject property
is hereby annexed to the City of Boynton Beach, Florida, and
such land so annexed shall be and become part of the City
with the same force and effect as though the same had been
originally incorporated in the territorial boundaries
thereof.
Section 2:
That Section 6 and 6 (a) of the Charter
of the City of Boynton Beach, Florida, is hereby amended to
reflect the annexation of
said tract of land more
particularly described in Section 1 of this Ordinance.
Section 3:
That by Ordinance adopted simultaneously
herewith, the proper zoning designation and Land Use
category is being determined.
Section 4:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 6:
This Ordinance shall not be passed until
the same has been advertised for four (4) consecutive weeks
in a newspaper of general circulation in the City of Boynton
Beach, Florida, as required by the City Charter and Section
171.044, Florida Statutes.
Section 7:
This Ordinance shall become effective
immediately upon its final passage.
Section 8:
Specific authority is hereby given to
codify this Ordinance.
Section 9:
This Ordinance, after adoption, shall be
filed with the Clerk of the Circuit Court of Palm Beach
County, Florida.
FIRST READING this M day of
Nove WI hey
,
1988.
SECOND, FINAL READING and PASSAGE this
/)eCLemAey" 1988.
(~-tk day of
CITY OF BOYNTON BEACH, FLORIDA
~2# /tr~~
ayor ,.
v~!r-J/~f'
~ -t R~/t-
Commissioner
~~1J9-~
Commissioner i -
I ' /1/ .
-..... d Wt1.
I"C-~ /~~
commissioner
ATTEST:
i'Cilfe'~'
(Corporate Seal)
3
ORDINANCE 88-48, 88 "',. 88-50, 88-51, 88-53,
-
88-55
-
CITRUS GLEN (INCLUDING PHASE II)
( PALM BEACH COUNTY ELEMENTARY SCHOOL "p"
LAWRENCE LAKE
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ORDINANCE NO. 88-t(1/
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 79-24 OF SAID
CITY BY AMENDING THE LAND USE ELEMENT OF
THE COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY WHICH IS BEING ANNEXED INTO THE
CITY BY ORDINANCE SIMULTANEOUSLY
HEREWITH, WHICH IS MORE PARTICULARLY
DESCRIBED HEREINAFTER; SAID LAND
DESIGNATION IS BEING CHANGED FROM
MEDIUM-MEDIUM HIGH RESIDENTIAL (PALM
BEACH COUNTY) TO CITY OF BOYNTON BEACH
LOW DENSITY RESIDENTIAL; PROVIDING A
SAVINGS CLAUSE; PROVIDING REPEALING
PROVISIONS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Land Use Plan and
as part of said Plan a Land Use Element by Ordinance No.
79-24 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAS, a certain parcel of land more particularly
described hereinafter is being annexed in accordance with
the application by Boynton Nurseries, Inc. (Citrus Glen
Phase II), into the City by Ordinance being adopted
simultaneously herewith; and
WHEREAS, the procedure for amendment of a Land Use
\.
! ..... ~
,.
Element of a Comprehensive Plan as set forth in Chapter 163,
Florida Statutes, has been followed; and
'\
WHEREAS, after public hearing and study, the City
1
..... \;
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"~
~
Commission deems it in the best interest of the inhabitants
,
t.... ....
of said City to amend the aforesaid Land Use Element of the
.,., ~ ..
....^ .,' J~. ~
....,~; ..
<:,:'~:~,\ ~
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Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
"
~'
.~ '"
".' ') ,'''i
1 '
'~:J
1
Section 1 Ordinance No. 79-24 of the City is hereby
amended to reflect the following:
That the Land Use of the following described land shall
be designated Low Density Residential.
said land is more
particularly described as follows:
The northwest quarter (NW 1/4) of the
southwest quarter (SW 1/4) of the
northwest quarter (NW 1/4); and the
northeast quarter (NE 1/4) of the
southwest quarter (SW 1/4) of the
northwest quarter (NW 1/4); and the
northwest quarter (NW 1/4) of the
southeast quarter (SE 1/4) of the
northwest quarter (NW 1/4) of Section
eighteen (18), township forty-five (45)
south, range forty-three (43) east, Palm
Beach County, Florida.
Subject to restrictions,
limitations, conditions,
agreements of record.
reservations,
easements and
Containing 28.82 acres, more or less.
Together with that portion of Lawrence
Road Right-of-Way abutting the west
property line of the subject property
Section 2: That any maps adopted in accordance with
the Land Use Element of said Comprehensive Plan shall be
amended accordingly.
Section 3: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 5:
This Ordinance shall become effective
immediately upon passage.
FIRST READING this
tl
/~ day of November, 1988.
2
" ~ r
t, ---tJl day of
SECOND, FINAL READING and PASSAGE this
LJeC2ern.ber, 1988.
ATTEST:
~ l1f~'
ciZ1erk
(Corporate Seal)
aOp~;:;;j:ORIDA
Mayor '---
~cl/~.~
Vie ayor
~ t ?uJL
Commissioner
~~~
Commissioner
/
I
~C~ {/C(/~
Commissioner
3
ORDINANCE NO. 88-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY BY ~ A CERTAIN PARCEL OF LAND
WITHIN THE CITY OF BOYNTON BEACH,
FLORIDA FROM AR
(AGRICULTURAL/RESIDENTIAL) PALM BEACH
COUNTY TO PUD (PLANNED UNIT DEVELOPMENT)
CITY OF BOYNTON BEACH, WITH A LAND USE
INTENSITY OF 4.0 (PUD LUI = 4), SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING THE REVISED ZONING MAP
ACCORDINGLY; PROVIDING THAT ALL
DEVELOPMENT OF SAID PROPERTY SHALL
PROCEED IN STRICT COMPLIANCE WITH THE
DEVELOPMENT PLANS AS SUBMITTED AND
APPROVED AND ALL APPLICABLE ORDINANCES
OF THE CITY OF BOYNTON BEACH, FLORIDA;
PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE, AND AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, has heretofore adopted Ordinance No. 80-19
in which a Revised Zoning Map was adopted for said City; and
WHEREAS, Boynton Nurseries, Inc., (Citrus, Glen Phase
II), has heretofore filed a Petition with the City of
Boynton Beach, Florida, pursuant to Section 9 of Appendix A
- Zoning of the Code of Ordinances, City of Boynton Beach,
Flor ida, for the purpose of rezoning a certain parcel of
land consisting of approximately 28.82 acres (:!) located
wi thin the municipal limits of said City, said property
being more particularly described hereinafter, from AR
(Agricultural/Residential) to PUD with a Land Use Intensity
of 4 (PUD LUI 4); and
WHEREAS, the City Commission deems it advisable to
amend the aforesaid Revised Zoning Map as hereinafter set
forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1:
That the following described land,
located in the City of Boynton Beach, Florida, to wit:
. ~,,~
'. ,.....
,\ '
\.. ,.,....,.
, "
The northwest quarter (NW 1/4) of the
southwest quarter (SW 1/4) of the
northwest quarter (NW 1/4); and the
northeast quarter (NE 1/4) of the
southwest quarter (SW 1/4) of the
northwest quarter (NW 1/4); and the
northwest quarter (NW 1/4) of the
southeast quarter (SE 1/4) of the
northwest quarter (NW 1/4) of Section
eighteen (18), township forty-five (45)
south, range forty-three (43) east, Palm
Beach County, Florida.
Subject to restrictions,
limitations, conditions,
agreements of record.
reservations,
easements and
Containing 28.82 acres, more or less.
Together with that portion of Lawrence
Road Right-of-Way abutting the west
property line of the subject property
be
and
the
same
is
hereby
rezoned
from
AR
(Agricultural/Residential) to Planned Unit Development with
a Land Use Intensity of 4 (PUD LUI 4), which intensity is
determined to be appropriate under the circumstances
represented to the City in said application and in
conformity with the Comprehensive Plan of the City of
Boynton Beach, Florida.
Section 2:
That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
Section 3:
That the application of the owners and
agents of the subject property for rezoning is hereby
granted for the purpose of permitting the development of
said land as a Planned Unit Development (PUD) specifically
in accordance with staff comments attached hereto as "A".
Section 4:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 6:
This Ordinance shall become effective
immediately upon passage.
FIRST READING this 15~day of November, 1988.
~
SECOND, FINAL READING and PASSAGE this
A~ember- I 1988
(p~
day of
CITY OF
FLORIDA
~? vtc--.
Commissioner
~~~
Comm~ss~oner
~t0' .
;' ~
C mmissioner
ATTEST: ~~
". I i c~erk
(Corporate Seal)
\
ORDmANCE 88-48, 8. t9. 88-50, 88-51, 88-53 & 88
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LOCATION MAP.
CITRUS GLEN (INCLUDING PHASE II)
( PALM BEACH COUNTY ELEMENTARY SCHOOL lip"
LAWRENCE LAKE
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NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
The City of Boynton Beach proposes to annex, change the land use and
rezone the land within the area shown in the map in this advertisement~
A public hearing on these proposals will be held before the Planning
and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plaza,
211 South Federal Highway, Boynton Beach, Florida.
A public hearing on these proposals will also be held before the
City Commission on December 17, 1987, at 8:00 p.m., or as soon thereafter
as the agenda permits, at Pinel and Plaza, 211 South Federal Highway,
Boynton Beach, Florida.
" I
~_~/~/t~W'D'D', _UNALdj
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~:> ?:fi" "f;:'Ap';~~Ai-'ON NO.l~
/ rTF liB-'I~ J I I I
Ii -~- ~PPllCA TION NO.2-.
~U ~'-'~'I::ATERA'-' f L.::-,U, - ~ ~_., q.:.~,-,-, ..
, I I I
: APPUCA~ION N~I~
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I ,.' " : J EL1--J:g ; 0 400 BOO I
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-~~ ---~ BOYNTON . CANAL', r C-16- ,'" ,." ,,"---- I
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APPLICATION NO. 1
APPLICANT:
Intracoastal Development, Inc.
AGENTS:
Michael D. Gordon, c/o Boose, Casey, Ciklin et al.
Enrico Rossi, c/o Rossi and Malavasi Engineers, Inc.
OWNER:
Boynton Nursuries
PROJECT NAME:
Citrus Glen - Phase II Addition
PROPOSED USE:
Planned Unit Development consisting qf 106 single-family
detached zero lot line units on a 28.82 acre parcel with
a density of 3.68 units per acre and a Land Use Intensity
(LUI)=4.0
LOCATION:
Lawrence Road at Miner Road extended, southeast corner
REQUEST:
AMEND THE FUTURE LAND
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN
From - Medium - Medium High Residential
(Palm Beach County)
To - Low Density Residential
(City of Boynton Beach)
REZONE: From - AR (Agricultural/Residential)
Palm Beach County
To - PUD (Planned Unit Development)
City of TIoyntou Beach
- \
'3 5907 P'3 669
N at ice 0 f
Municipal Annexat ion
FROM: City of Boynton Beach,
Florida
Please be advised by this notification and attached location map,
that certain lands have been annexed by BOYNTON BEACH, Florida.
Information contained herein is pertinent to the area in question.
If additional material is required, please contact the office of:
THE CITY PLANNER.
Name of Development/Owner: CITRUS GLEN PHASE II/BOYNTON NURSERIES. TNr
Ordinance # 88-48
or
Special Act of State Legislature: Bill #
Effective Date:
Area of Subject Property:l,255,399.2
Sq.Ft.
28.82
Acres
Estimated Present Population: -0-
Estimated Number of Existing Dwelling Units: -0-
Estimated Present Residential Density:
-0-
d.u. 's/acre
Zoning: PUD
, . Density Allowed:
3.68
d . u. I s/ acre
Existing Type of Development: Tree Nursery
Proposed Type of Development: Planned unit development consisting of
106 zero lot lin€ single-family detached units.
*Owner or Petitioner
*County Commissioners
All City Departments
*County Planning, Bldg,Zoni
All Utility Compan~es
*Area Planning Board
*County Tax Assessor
Chamber of Commerce
Bureau of Censu"3
*Secretary of State
*Clerk of County Circuit Court
to receive copy of prdinance
*Supervisor of Registration
*State Beverage Department
*State Department of
Transporation
Attachment Location Map
RECORD VERIFIED
PALM BEACH COlJ.~T~. FLA
JOHN B. Dur.".L..
CLERK CIRCUIT COURT
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pori:y cf thst
t31 't' r 'it fr '"-,' c. t t'i~' . T h ':l i: -t h t:: s aid p u (' t)' Q 'f t h G: f ; r' :; t p Clf' t 1 me" n $ i d It r Cl t ion 0 f
"\1' t ;.q. ,y ".... '..
th~ sum 0 O,'~ ($1.00) Dollar' und othrLt" voluubl.st. con!SidG:.l"'otioi1s paid,
th~ r;:c~ip+' of which j~ hfl.r''ltby ocknDWI~d91'1d, hftr'flby gr'clnt unto thet
s~cond pOf'ty, its suct:~S$rJrs cmd o$sign..>; a p~rpottua' CtOS2111Ctnt and
right~of-wtly for" th~ purpo!i~ of a public.: utiliti(Z.s c.aS2tns:nt, OV l:t 1"',
upon, und~ r', through and l.:icrcss th~follo\ldn9 dltscr,ib..:d land,
.sjt",lClt~, tying ond b~;n9 in PCllm B~~ch COI..Jn.ty, StCih~ of Florida, to
W!'.l:~
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P:-ope,.ty mete particulary d~scribed
hereto Cl:id m;:;de {; t~~lt hereof.
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SCHEDULE
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..,. JANES D. STURROCK, __JR. a~ M1:!tlC!giT!g .IJar'ttlgI()f, '
.- ""..< -:: '::- BOYNTON NURSERIES, a Fiorlda general partnershlp'
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LOIS M. KASISCHKE
My Comm. expires ~, 27. 1992
Il<>ndild IIlru Hol.rv I'IIbllG U'lwwrt1ln
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Party of the second part, in consideration of and by acceptance of this
Easement, does hereby agree to indemnify, defend and hold harmless the party
of the first part from and against all claims, actions, liens and damages
arising from entry onto the above-described property by the party of the
second part, or its agents, employees or contractors.
IT IS UNDERSTOOD that should the party of the second part abandon its
plan to use the easement area or terminate its permitted use of the
easement, the premises shall revert back to the party of the first part and
the party of the second part shall return the Easement Area to its original
condition and remove all of its improvements thereto.
RECORD VERfI::ED
PALM BE/,(,H COU!'1 f'l, n,A
JOHN B. DUNKL::
CLERK CIRCUIT COURT
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My Comm, expires Dec, 27, 1992
BOndllll lII.u WOLt,., Pvbli( Uld.,...rtltnl
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TEMPORARY EASEMENT DESCRIPTION
P; :;tt ip Jf bnd 20~O ret't in width Ivinq within the Northeast
glH=!tter tNE,.!i 4J of 'S,::ction 13. l'owtlshG, 45 South, Range 42
East.. Palm Beach County. Fl'jr'ida, Saict'strip of land being
de serl bed as folJo w:
The west 20+0 f\?et:>f th~ east 80.0 feet (as measur~d
at riC1ht ;,ngles to) the east line of the fc.\llowing
d~5~rrb:( p.arcel as, described in 8oo~~ 5J25~ Pa~e 1788
(1' tne Pvbl!c RecJrdS of Palm 8each County? FlorIda:
PPnaEf..?T, \( nC'::-('PIPT1{)"J
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Th2 SOLlth on~ hajf <5 1.1 2) :::if th~ SO::..lth'N!;'~t t'ju:;14,.t~r (SW 1! 4) of th~
Nor' th q: r;l ",'I: que .,", t ~r (Nf j /4); Thll. S:cu'th ~os 1: ,::p..n,r-t ~r' {Sf 1/4) of t hi;t
NOr'thv"t1st CjucC'h:r (NE 1/4) and 1:h~ South on!Z holf ($ 1/2) of the:.
N,,,,,...t~"!:!"'!,~o,,t ...."-..,.....n.. (11,;1= i .Ii)' ,..,~ ,;.L", I>..,...""~l...",,...,..... .,...u....~t..,., 'N~ 1/".1) ,.,11 l'~
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S14c~'i';:lq 13. T("ri..:n~hjp 4E :~:cuth, Po"'gP.. 42 F.rl~1:. P.alm Btitvcn Cour.tV.
r:'cridg,
Party of the second part, in consideration of and by acceptance of this
Easement, does hereby agree to indemnify, defend and hold harmless the
party of the first part from and against all claims, actions, liens and
damages arising from entry onto the above-described property by the party
of the second part, or its agents, employees or contractors.
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RECORD VERjFIED
PALM BEACH COU~ITY, F"' ,A
JOHN B, DUNKLE
CLERK CIRCUIT COURT
,.,. ,'-~" THIS IS A DEED PURSUA~T TO A CORPORATE DISSOLUTIQN AND NO
~ DOCUMENTARY STAMP TA) S DUE AND OWING PURSUANT DEPARTMENT OF
","---,., REVENUE ~ULE l2B-4.14,9)
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THIS WARRANTY DEED made this 1J day of December, 1986, by
BOYNTON NURSERIES, INC. a Florida-corporation (hereinafter called
"Grantor"), to BOYNTON NURSERIES, a Florida general partnership,
whose mailing address is 1425 Wilkins Avenue, West Palm Beach,
Florida 33401 (hereinaf,ter called ':Grantee"). '
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WARRANTY DEED
(Wherever used herein the terms "Grantor" and Grantee" incluoe
all the parties to this instrument and their successors and
assigns)
WITNESSETH:
That the Grantor, for and in consideration of the sum of TEN and
00/100 Dollars ($10.00) and other good and valuable considerations,
the receipt and sufficiency of which are hereby acknowledged, by
these presents does hereby grant, bargain, sell, alien, remise,
release, convey and confirm unto ,the Grantee, all that certain land
situate and being in Palm Beach County, Florida, more particularly
described as follows:
~ The Northwest quarter (NW1/4) of the Southwest quarter (SW1/4)
~ of the Northwest quarter (NWl/4)~ and the Northeast quarter
(NEl/4) of the Southwest quarter (SWl/4) of the Northwest
'. quarter (NW1/4)~ and the Northwest quarter (NWl/4) of the
Southeast quarter (SE1/4) of the Northwest quarter (NW1/4) of
Section Eighteen (18), Township Forty-five (45) south, Range
Forty-three (43) east, Palm Beach County, Florida.
TO HAVE AND TO HOLD, the same in fee simple forever.
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TOGETHER with all tenements, hereditaments and appurtenances,
thereto belonging or in anywise appertaining.
SUBJECT TO restrictions, reservations, limitations, conditions,
easements and agreements of record~ taxes and assessments for the
year 1986 and all subsequent years~ and all applicable
environmental, zoning and land use ordinances.
AND said Grantor does hereby fully warrant the title to the
Property, and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed the day and year first above wri~ten.
Signed, Sealed and Delivered:
in the Presence of: \
BOYNTON NURSERIES, INC.,
a Florida corporation
:J~:JfUA~
ames D. Sturrock, r.,
President
1J1Ju e-\iu/YVt{j}---
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(CORPORATE SEAL)
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This Instrument was Prepared by and ,
Should be Returned to: "j
w. Glenn Dempsey, Esq.
Gunster, Yoakley, Criser & Stewart, P.A.
Phillips Point, Suite 500
777 South Flagler Drive
West Palm Beach, Florida 33401-6194
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STATE OF FLORIDA
COUNTY ot PALM BEACH
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~he foregoing instrument was acknowledged before me
this ~3 day of December, 1986 by James D. Sturrock, Jr., the
President of BOYNTON NURSERIES, INC., a Florida corporation, on
behalf of the corporation.
My Commission Expires:
NtHARV :'U311C, ST~TE or flORIDA
MY CC;"M;~~;HW EXPIHES JUNE 22. 19M
9306D
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Notary Publi
at Large
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RECORD VERIFIED
PALM BEACH COUNTY, FLA.
JOHN 8, DUNKLE
CLERK CIRCUIT COURT
-' . .'- - THIS IS A DEED PURSUM,l'J" TO. A CORPORATE DISSOLUTHul AND NO
DOCUMENTARY STAMP TAX 3 DUE AND OWING PURSUANT _ DEPARTMENT OF
REVENUE RULE l2B-4.l4(9)
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WARRANTY DEED. tllulIllbh Tn Pol.
C[.~~~'lorsta
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THIS WARRANTY DEED made this 1~ day of December, 1986, by
BOYNTON NURSERIES, INC. a Florida corporation (hereinRfter callen
"Grantor"), to BOYNTON NURSERIES, a Florida general partnership,
whose mailing address is 1425 Wilkins Avenue, West Palm Beach,
F lor i d a 3 3 4 0 I ( her e i n a f ,t e r call e d " G ran tee"). .
I
O'lherever used herein the terms "Grantor" and Grantee" includ\.~
all the parties to this instrument and their succ~ssors and
::2I~~';""""("'O'
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vlITNESSETH =
That the Grantor, for and in consideration of the sum of TEN ~na
00/100 Dollars ($10.00) and other good and valuable considerations,
the receipt and sufficiency of which are hereby acknowledged, by
these presents does hereby grant, bargain, sell, alien, remise,
release, convey and confirm unto the Grantee, all that certain la~ld
situate and being in Palm Beach County, Florida, more particularly
described as follows:
'.
The Northwes~ quarter (NWl/4) of the Southwest quarter (SWl/4)
of the Northwest quarter (NWl/4)~ and the Northeast quarter
(NEl/4) of the Southwest quarter (SW1/4) of the Northwest
, . quarter (NWl/4) ~ and the Northwest quarter (m-n/4) of the
Southeast quarter (SEl/4) of the Northwest quarter (NWl/4) of
Section Eighteen (18), Township Forty-five (45) south, Range
Forty-three (43) east, Palm Beach County, Florida.
TO HAVE AND TO' HOLD, the same in fee simple forever.
TOGETHER with all tenements, hereditaments and appurtenances,
thereto belonging or in anywise appertaining.
SUBJECT TO restrictions, reservations, limitations, conditions,
easements and agreements of record: taxes and assessments for the
year 1986 and all subsequent years: and all applicable
environmental, zoning and land use ordinances.
AND said Grantor does hereby fully warrant the title to the
Property, and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed the day and year first above written.
Signed, Sealed and Delivered:
in the Presence of: \
BOYNTON NURSERIES, INC.,
a Florida corporation
Byn" q/.2~~::ffiV1~"
J~ames,D. Sturrock, r.,
PresIdent
!Ju-u c;r;7Mrcrr
p~~
(CORPORATE SEAL)
I
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This Instrument was Prepared by and
Should be Returned to:
W. Glenn Dempsey, Esq.
Gunster, Yoakley, Criser & Stewart, P.A.
Phillips Point, Suite 500
777 South Flagler Drive
West Palm Beach, Florida 33401-6194
I
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STATE OF FLORIDA
COUNTY O~ PALM BEACH
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~he foregoing instrument was acknowledged before me
this ~3 day of December, 1986 by James D. sturrock, Jr., the
President of BOYNTON NURSERIES, INC., a Florida corporation, on
behalf of the corporation.
My Commission Exp~res:
NI~!f,(lY :'1I3UC, STATE OF FlOmD~
~,f{ r:;C;\;t.1:~~,:~W UPlHE.S JUNE. 22. l~
9306D
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Notary Publi
at Large
Florio.}
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(NOTA"''''''~ r>J::'J'.'T")':'" .,'."" '
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nECORD VERIFIED
P^LM OE^CH COUNTY, FLA.
JOHN B. nUNI<lE
CLEHK CIBCUIT COURT
2
,I ,~-:." THIS IS A DEED PURsr IT TO A CORPORATE DISSOLU':" 'N AND NO
~ DOCUMENTARY STAMP TAh IS DUE AND OWING PURSUANT TO DEPARTMENT OF
~EVENUE RULE 12B-4.14(9)
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WARRANTY DEED, r.ulI,nl. T.. H.
EXHIBIT "AIf Ch~'l.fl'"
THIS WARRANTY DEED made this 13r~day of December, 1986, by
BOYNTON NURSERIES, INC. a Florida-corporation (hereinafter called
"Grantor"), to BOYNTON NURSERIES, a Florida general partnership,
whose mailing address is 1425 Wilkins Avenue, West Palm Beach,
Florida 33401 (hereinafter called "Grantee"). '
(Wherever used herein the terms "Grantor" and Grantee" include
all the parties to this instrument and their successors and
assigns)
WITNESSETH:
That the Grantor, for and in consideration of the sum of TEN and
00/100 Dollars ($10.00) and other good and valuable considerations,
the receipt and sufficiency of which are hereby acknowledged, by
these presents does hereby grant, bargain, sell, alien, remise,
release, convey and confirm unto the Grantee, all that certain land
situate and being in Palm Beach County, Florida, more particularly
described as follows:
The Northwest quarter (NWl/4) of the Southwest quarter (SWl/4)
of the Northwest quarter (NWl/4); and the Northeast quarter
(NEI/4) of the SouthWest quarter (SWl/4) of the Northwest
.,. quarter (NWl/4); and the Northwest quarter (NWl/4) of the
Southeast quarter (SEl/4) of the Northwest quarter (NWI/4) of
Section Eighteen (18), Township Forty-five (45) south, Range
Forty-three (43) east, Palm Beach County, Florida.
TO HAVE AND TO HOLD, the same in fee simple forever.
TOGETHER with all tenements, hereditaments and appurtenances,
thereto belonging or in anywise appertaining.
SUBJECT TO restrictions, reservations, limitations, conditions,
easements and agreements of record; taxes and assessments for the
year 1986 and all subsequent years; and all applicable
environmental, zoning and land use ordinances.
AND said Grantor does hereby fully warrant the title to the
Property, and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused these presents to be
executed the day and year first above wri~ten.
Signed, Sealed and Delivered:
in the Presence of:
".......
BOYNTON NURSERIES, INC.,
a Florida corporation
flu.u Flu-vv~d-
j2ff~~- ~
ames D. Sturrock,
President
(CORPORATE SEAL)
'I.,. ,.',
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"'~~:'':''I''',,,;,,:., ~ .
This Instrument was Prepared by and ;
Should be Returned to: ,)
W. Glenn Dempsey, Esq.
Gunster, Yoakley, Criser & Stewart, P.A.
Phillips Point, Suite 500
777 South Flagler Drive
West Palm Beach, Florida 33401-6194
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STATE OF FLORIDA
COUNTY OF PALM BEACH
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, ~he foregoing instrument was acknowledged before me
this ~3 day of December, 1986 by James D. Sturrock, Jr., the
President of BOYNTON NURSERIES, INC., a Florida corporation, on
behalf of the corporation.
My Commission Exptres:
NOTARY PUBUC, STATE OF nORIOA99(t
MY CG;,lM\SSION EXPIRES JUNE 22. 1
9306D
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Notary Publi
at Large
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RECORD VERIFIED
PALM BEACH COUNTY FLA
JOHN B. DUNKLe' .
CLERK CIRCUIT COURT
, '
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;:;:"ot.\?,:t~cn, e~sements or ,-i'ijhts-oi-way, rOad\'l~'l'.5, recre~t1.:>n and pari:
areas, school sites, and other public improvements or dedication
as may be required.
(10) For .rezoning5 to plunned zonln9 district. (PUDs, peDs, and PIDs),
the specifi~ requirements for submission of applications for rezoning 1
such dlstrict~hall also be satinfied. Copies of evidence for unifiec
control and development of the property, a. well a. condominium,
homeowners', and property owner.' Association document. shall be
submitted in three (3) copies for planned zoning district..
Furthermore, all materials required for a subdivision master plan (in ~
copies, including survey) sh~ll also be submitted.
III. eeeb!~eI!Q~_E~~~~ Fees shall .be paid at the time that the application 15
submitted, accordinQ to the fees which have been adopted by resolution.
fee schedule is attC\ched to this application. All fees sh~ll be paid by
check,'payable to the City of Boynton Beach.
IV. g~BI!E!~eI!Q~
(I) (We) understand that this applic~tion and ~ll plan and papers
submitted herewith become a part of the permanent records of the
Plannino and Zoning Board. (1) (We) hereby certify that the above
statements and any statements or showings in any papers or plans
submitted herewith are true to the best of (my) (our) knowledge and
belief. This application will not be accepted unlass si9ned accordin~
to t~" I~cuon" low..
_______:1l~ ~~~-- ~_ _~~~!~~!~_ti~_~t~7
ture of OwnerCs) or T u Date
uthorized Principal if roperty
i owned by a corporation or other
business entity.
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Si~t~~;-Of Aut~orlzed Agent
(1) (We) hereby designate the above signed person
:~~~~o t~IS application.
5~9-ature-of-owner(slo~~stee.
r Authori~ed Principal ~r~~operty
owned by a corporation or other
bU\itnec.is'entity.
March 25, 1988
------------------
Date
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as (my)
(our) authori:ed
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____:L_~_________
Date
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P14nntn9 Dept. 4-86
page 7
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NOTICE (_ ~ LAND USE CHANG~
NOTICE OF ZONING CHANGE
The City of Boynton Beach proposes to change the use of land and
rezone the land within the area shown in the map in this advertisement.
A public hearing on these proposals will be held before the Planning
and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plaza,
211 South Federal Highway, Boynton Beach, Florida.
A public hearing on these proposals will also be held before the
City Commission on December 17, 1987, at 8:00 p.m., or as soon thereafter
as the agenda permits, at Pineland Plaza, 211 South Federal Highway,
Boynton Beach, Florida.
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APPLICATION NO. 1
APPLICj\NT:
Intracoastal Development, Inc.
AGENTS:
Michael D. Gordon, c/o Boose, Casey, Ciklin et al.
Enrico Rossi, c/o Rossi and Malavasi Engineers, Inc.
, OWNER:
Boynton Nursuries
PROJECT NAME:
Citrus Glen - Phase II Addition
PROPOSED USE:
Planned Unit Development consisting ~f 106 single-family
detached zero lot line units on a 28.82 acre parcel with
a density of 3.68 units per acre and a Land Use Intensity
(LUI)=4.0
LOCATION:
Lawrence Road at Miner Road extended, southeast corner
REQUEST:
AMEND THE FUTURE LAND
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN
From - Medium - Medium lll~h Residential
(Palm Beach County)
To - Low Density Residential
(City of Boynton Bbnrh)
REZONE: From - AR (Agricultural/Residential)
Palm Beach County
To - PUD (Planned Unit Development)
City of Boynton Beach
-.... ~~:;...o[Ii--
NOTICE JF LAND USE CHA~ lE
NOTICE OF ZONING CHANGE
The City of Boynton Beach proposes to change the use of land al1d
rezone the land within the area shown in the map in this advertisemel1t.
A public hearing on these proposals will be held before the PLuming
and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plazl1,
211 South Federal Highway, Boynton Beach, Florida.
A public hearing on these proposals will also be held before the City
Commission on December 17, 1987, at 8: 00 p. m. or as soon thereafter ;,*:; the
~genda permits, at Pineland Plaza, 211 South Federal Highway, Boynton Beach,
F]orida.
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PPI.JCATION
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, I 0 400 SOD I, ,1
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APPLICANT:
Foley Company/Rhodes Properties
AGENT:
Kevin Foley
OWNERS:
R. Marshall and Gretchen Brown, James and Joanne Hart.
Frances and Mildred Astorino, Dominic Palombo
(B.M.I. et al. c/o Paul Himmelrich)
PROJECT NAME:
Via Lago
PROPOSED USE:
Planned Commercial Development consisting of 158,000 uquare
feet of retail floor space on an 18.43 acre parcel
LOCATION:
North side of West Boynton Beach Boulevard, between inter-
section with Old Boynton Road and L.W.D.D. E-4 canal
REQUEST:
AMEND THE FUTURE LAND
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN
From - High Density Residential
To - Local Retail Commer<' ia1
REZONE: From - R-3 (Multi-Family Residential)
To - PCD (Planned Commercial Development)
A copy of the proposed comprehensive plan amendment and rezoning
request is available for review by the public in the City's Planning
Department.
All interested parties are notified to appear at said hearings1n person
or by attorney and be heard. Any person who decides to appeal any de~ision of
the Planning & Zoning Board or City Commission with respect to any matter con-
sidered at these meetings will need a record of the proceedings and fnr such
purpose, may need to ensure that a verbatim record of the proceedings 1s made,
which record includes the testimony and evidence upon which the appeal is to
be based.
BETTY S. BORONI, CITY r I I I~K
CITY OF BOYNTON BEACH, :; ,,'i-:llJ.\"
NOTIC[ OF LAND USE CHAr .lE
NOTICE OF ZONING CHANGE
The City of Boynton Beach proposes to change the use of land and
rezone the land within the area shown in the map in this advertisement:.
A public hearing on these proposals will be held before the Pla1ming
and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plaza,
211 South Federal Highway, Boynton Beach, Florida.
A public hearing on these proposals will also be held before thl' City
Commission on December 17, 1987, at 8:00 p.m. or as soon thereafter a~: the
agenda permits, at Pinel~nd Plaza, 211 South Federal Highway, Boynton Beach,
Florida. '
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PPL'ICATION
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APPLICANT:
Foley Company/Rhodes Properties
AGENT:
Kevin Foley
OWNERS:
R. Marshall and Gretchen Brown, James and Joanne Hart,
Frances and Mildred Astorino, Dominic Palombo
(B.M.I. et al. c/o Paul Himmelrich)
PROJECT NAME:
Via Lago
PROPOSED USE:
Planned Commercial Development consisting of 158,000 square
feet of retail floor space on an 18.43 acre parcel
LOCATION:
North side of West Boynton Beach Boulevard, between inter-
section with Old Boynton Road and L.W.D.D. E-4 canal
REQUEST:
AMEND THE FUTURE LAND
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN
From - High Density Resid~ntial
To - Local Retail Commerctal
REZONE: From - R-3 (Multi-Family Residential)
To - PCD (Planned Commercial Development)
A copy of the proposed comprehensive plan amendment and rezoning
request is available for review by the public in the City's Planning
Department.
All interested parties are notified to appear at said hearingsi'l person
or by attorney and be heard. Any person who decides to appeal any dectsion of
the Planning & Zoning Board or City Commission with respect to any matter con-
sidered at these meetings will need a record of the proceedings and fOr such
purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to
be based.
~~
BETTY S. BORON I , CITY CI r l~K
CITY (IF BOYNTOr\ BEACH, 1: ,'j\IDA
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
The City of Boynton Beach proposes to annex, change the land use and
rezone the land within the area shown in the map in this advertisement!
A public hearing on these proposals will be held before the Planning
and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plaza,
211 South Federal Highway, Boynton Beach, Florida.
A public hearing on these proposals will also be held before the
City Commission Qn December 17, 1987, at 8:00 p.m., or as soon thereafter
as the agenda permi~s, at Pineland Plaza, 211 South Federal Highway,
Boynton Beach, Florida.
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~=;_. -~J~E~~AtN NO.1 ~
~P~ICA TION NO.2-.L
APPLICANT:
AGENTS:
OWNER:
PROJECT NAME:
PROPOSED USE:
LOCATION:
REQUEST:
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I . APPLICA 110N NO.3
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APPLICATION NO. 1
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Intracoastal Development, Inc.
Michael D. Gordon, c/o Boose, Casey, Cik1in et a1.
Enrico Rossi, c/o Rossi and Malavasi Engineers, Inc.
Boynton Nursuries
Citrus Glen - Phase II Addition
Planned Unit Development consisting ~f 106 single-family
detached zero lot line units on a 28.82 acre parcel with
a density of 3.68 units per acre and a Land Use Intensity
(LUI)=4.0
Lawrence Road at Miner Road extended, southeast corner
A1'1El\TD THE FUTURE LAND
USE PLAN CONTAINED IN
THE COMPREHENSIVE PLAN
From - Hedium - Hedium High Residential
(Palm Beach Co~nty)
To - Low Density Residential
(City of Boynton Beach)
~
REZONE:
From - AR (Agricultural/Residential)
Palm Beach County
To - PUD (Planned Unit Development)
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ARTICLES OF INCORPORATION
I. . .,
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OF
CITRUS GLEN 1l0HEOWNEHS ASSOCIATION INC.
, ;
( A Corporation.Uot-for-Profit)
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'I'he undersigned hereby associat.e t:hemselves for Ute purpose
"
of forming a'corpora~io~ no~-for-profit under Chapter 617, Florida
S~atutes, and'cer~ify as foilowSI
nIt'!'! CLE I.
I'
N1\ME
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'l'he name of this corporation shall be.
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CITRUS GLEN HOMEOWNERS ASSOCIATION INC.
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nRTICLt!: II.
PURPOSE
." ~
'1'his corporation is organized for t:he purpose of," operating,
gove~ning, administ~ring, and managing t:he' propert:~'"d ~ffalrs
of the Assc;ciat'io~' and to exercis,e all powers and< diQcharge all
responsibirit~es granted to it as ~ corporatloll ~nder the laws of
.1 ... f " . .
. the, State of, Florida, the powers ,9ran\:ed to I:.l1e 1\ssoQlation under
, I
the Declara~ion of Restrictioris applicable to the premises in'
B~ynton Beadh, Florida, on which t.he Cit.rus Glen Deve~opl11ent
is located; arid to acquire, own, hold, mortgage, convey and
othe,rwise deal in and with real and personal prope.tt:.y in l:his
, ~'
c?rporation's"capacity as a hOlneowners association.
I'
ARTICLE Ill.
POWERS
<OJ'
1. The corporatidn,sha1l have all of t.he common law and
,statutory po~er~ of a corporation not~for-profit which ~re noh
'in'qonflict with t.he t.erms of.t~ese,Arbio1es, and in addition
all the po~~rt:! confe'rr~d by the Declaration of Rest:rict:.ions referred
to herein. .
'~."." '" ',,'.
2. The corporation shall have all of the powers ,reasonable
ne~e,ssary :to implement the powers, of the corporation, inoluding but:
not limited t~'the following.
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(a) To operate and manage the Association and ~t~'
property in accordance with the sense, meaning, direc-
tion, purpose and intent contained in the De?laration
of Restrictions referred t9 herein and which has been
or may hereafter be recorded among the public records
of'Palm Beach County.
(b) To make and colleot assessments to defray the
cost~ of operation of the'Association, its prop-
erties and facilities.
(c) To use the proceeds of the assessments in the
exercise of its powers, du~ies and responsibilitie8~,
'.
,(d) To maintain, repair, replace and operate the
Association's property and such other property(s} as
, ' I
it may be required to maintain, as mandated by the
Declaration of Restrictions referred to herein.
(e) To reconstruct improvements upon the Associa-
tion's property after casualty, and further to improve
the property from time to time in accordance with the
mandate of the Association's members.
. '
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(f) To make and amend regulations from time to
time respectin~ the use of the Association's prop~rty.
\(g) To enforce by legal means the provisions of
the Declaration of Restrictions, these Articies, the
By-Laws of the corporation and the regulations for the
use of the Association's property in all;respects.
(h) To contract for the management o~ the Association's
property and to delegate to such contractor all powers
and duties of the corporation except such as are specifically
required by the Restrictive Covenants to have approval of
"' . ~
the Board of Directors of the membership of the corporation.
3~1 All funds and title to all properties acquired by the
corporation and the proceeds thereof shall be held only for the
benefit of the members in accordance with the provisions of this
Certificate and the By-Laws of the Associatioh.
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4. The powers of the corporation shall be subject to and
be exe~cised in accordance wi~h the provisions of the Declaration
of Restrictions which governs the1use of'the Association property,
these~Articles of Incorporation, and the By-Laws hereinabove.
ART~CLE IV.
MEMBERS
The qualifications of the members, the manner of their
admission to membership and termination of such membership and
voting by'members shall be as follows:
1. The membership of this corporation shall be comprised
of every owner of a lot or any portion thereof upon which a
dwelling ,unit has been or may be constructed,at the citrus Glen
Development.
Membership shall be appurtenant to and may not be separated
from owneFship of any such lot or portion thereof.
2. The Association shall have two classes of voting
!
membership:
CLASS A. Class A members shall all be owners, with the
exceptibn of Intracoastal Developers Inc., or its successors or assigns
as developer of the Citrus Glen Developmen~ and shall be
entitled to one (1) vote for each lot or portion thereof owned.
When more1than dne person holds an interest in any such lot
or portion thereof, all such persons shall be members, but the
,I - .~
vote for'such lot or portion thereof shall b~ exercised as they
determine, but in no event shall more than one (1) vote be
cast w~th respect to any such lot or portion thereof.
CLASS B. Class B member(s) shall be Intracoastal Developers,Inc.,
its successors or assigns as developer of the Citrus Glen
~'
project, and such Class B member(s) shall be entitled to four (4)
votes for each ~ot or portion thereof owned. Such Class B
membership shall'cease, and be converted to Class A membership
on the happening of either of the following events, whichever
occurs earlier:
(a)
When the total votes outstanding in the Class A
I
membership equal the total votes outstAnding in
the Class B membership, or
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(b) On December 31, 1994.
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3~ The interest of a member in the funds and assets of
corporation cannot be assigned, hypothecated or transferred in
any manner, except as an appurt~nance to his property. The
properties, funds and assets of the corporation shall be held
or used for the benefit of the membership and for the purposes
authorized herein, in the Declaration of Restrictions, and in
the By-Laws of this corpdration/association which may hereafter
be adopted.
, ,
ARTICLE V.
111
TERM
This corporation shall have perpetual existence.
ARTICLE VI.
REGISTERED AGENT AND REGISTERED OFFICE
The Registered Agent for this Corporation shall be
. >
M1chaelD. Gordon, c/o Boose, Casey Ciklin, Et Al and
,
the registered office shall be located at 515 N. Flager Drive,
Suite f900, West Palm B~ach, Florida, 33401, or such other
\ . person o~ such other place as the Board of Directors shall
from time to time direct, with appropriate notice beihg given
to the Secretary of state in accordance with law.
ARTICLE VII.
'1
MANAGEMENT OF THE AFFAIRS OF THE CORPORATION-OFFICERS
The affairs of this corporation shall be managed by its
officers subject however to the directions of the Board of
Directors except to the extent that the Directors shall have
delegated the responsibility for such manag~~ent under the pro-
visions of these Articles and in accordance with the By-Laws.
The officers of this corporation shall consist of a
i I
President, a vice President, a Secretary, and a Treasurer, all
of whom shall be elected by the Board of Oirectors according
to the By-Laws of this corporation. The Directors may, if they
desire, combine the offices of Secretary and Treasurer and,
in addition, provide for such other officers, agents, super-
visory personnel or employees of the corporation as they shall
see fit, 'none of whom need be a member of the corporation.
Commencing with the first annual meeting of the Board of Oirectors
in 1987,officers will be elected annually to hold office until the
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next annual meeting of the Board of Directors or until their
succeSsors are elected and qualify. The names,of the officers
who are to serve until the first election by the Board of
Directors are as follows:
I
President '
Vice President
Secretary
Treasurer
Nathan J.-Mi11er
Alan Miller
Michael D. Gordon
Nathan J. Mi1ler~
None of the above officers specifically named in these
Articles shall be 'required to be a member of this corporation
'\
to hold office.
,
ARTICLE VIII.
BO~RD OF DIRECTORS
-
This corporation shall be governed by a Board of Directors
consisting of not less than three (3) nor more than seven (7)
persons as provided for in the By-Laws. In the absence of any
provision in the By-Laws designating the number of Directors,
the number thereof shall be three (3), provided however that
until the first ann~al meeting of the members of this corporation
in 1987, this corporation shall be governed by a Board of
. .
Directo~s consisting of three (3) persons. The names and ~ost
office addresses of the persons who will serve as Directors
until t~e fist annual meeting of members is 1987, or until their
successors are elected and qualify, are as follows:
NAME
POST OFFICE ADDRESS
Nathan J. Miller
,
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,
360 GlenwoodDrive
Delray Beach, Florida 33445
Alan Miller
11422 NW 20th ct.
Coral Springs, FL 33071
! I.
910 Greensward Lane
Delray Beach, Florida 33445
I
Michael 'D. Gordon
Succeeding B,oards of Dir~ctors and succeeding Directors shall be
elected by members in the manner and in accordance with the
method provided for in the By-Laws of th~'corporation, as the
same shall,be constituted from time to time.
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ARTICLE IX.
REMOVAL OF OFFICERS AND DIRECTORS
(
Any officer may be removed prior to Che expiration of his
term of office in the manner provided hereinafter, or in such
manner as is provided for in the By-Laws. Any officer may
also be removed for cause by a two-thirds (2/3) vote of the
full Board of Directors at a meeting of Directors called at
t
least in part for ~he purpose of considering such remoya1.
Any officer or director of this corporation may be removed
with 'or without cause and for any reason upon a petition
in writing of a majority of the members of this corporation,
approved at a meeting of members called at least in part
for the purpose, by a two-thirds (2/3) vote of the membership./
The petition calling for the removal of such officer and/or
director shall set forth a time and place for the meeting
or members, and notice shall be given to all members of
such. special meeting of the members at least ten (10) days
prior to such meeting in the manner provided in the By-Laws
for the giving of notices of special meetings. At any
such.meeting the officer and/or director whose removal is
sought shall be given the opportunity to be heard.
ARTICLE X. .
INDEMNIFICATION OF OFFICERS AND DIRECTORS
Every Director and ,every officer of t~ corporation shall
be indemnified by the corporation against all expenses and
liability, including counsel fees, reason~bly incurred by or
imposed by him in connection with any proceeding to which he
may be a party, or in which he may become involved by reason
~ I
of his being or having been a Director or officer of the
corporation, whether or not he is a director or officer at the
time such expenses are incurred, except in such cases wherein
. .
the director of officer is adjudged guilty of willful misfeasance
or malfeasance in the performance of his duties; provided that
in the vent of any claim for reimbursement or indemnification
hereunder based upon a settlement by th~ director of officer
I I'
seekin~ such reimbursement or indemnification, the indemnification
,
herein shall apply only if the Board of Directors approves such
settlement and reimbursement as being in the interests of the
corporation. The foregoing right of indemnification shall be in
addition to and not exclusive~f all other rights to which such
director or'officer may be entitled.
.
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ARTICLE XI.
.
,
BY-LAWS.
( ,
The original By-Laws of this corporation shall be adopted
by a majority vote of the members of this corpor?tion present
at a meeting of members called for the purpose, at which a
majority of the membership is present, and thereafter the
By-Laws of this corporation may be amended, altered or
rescinded by the membership only in the manner provided for
in the Declaration of Restrictions hereinabove described,
these Articles of ~ncorporation, or as provided for in the
By-Laws. Amendments to the By-Laws may be proposed by members
or by the Board of Directors in the manner and as further
provided for in the By-Laws and adopted by the votes or
consents of the membership therein provided. The original
, By-Laws of this corporation shall, upon their adoption,
be maintained in the office of the corporation along with
copies of these Articles and there available for inspection
j and review by any member of the corporation.
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ARTICLE XII.
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PROH1BITION AGAINST ISSUANCE OF STOCK
AND THE DISTRIBUTION OF INCOME
This corporation shall never have nor issue any shares
of stock, nor shall this corporation distribute any part of the
income of this corporation if any, to its memb~rs, directors
or officers. Nothing herein, however, sh~ll be construed to
prohlliit the payment by the corporation of Icompensation in a
reasonable amount to the me~bers, director or officer for
services rendered, nor shall anything herein be construed to
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prohibit the corporation from m~king any payments or distribution
to members of benefit, monies or property permitted by
Section 617.011 of Florida Statutes.
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ARTICLE XIII.
CONTRACTUAL POWERS
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In the absence of fraud no contract or other transaction be-
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tween this"corporation any any other person, firm, association,
corporation or partnership shall be affected or invalidated by
the fact that any director of officer of this corporation is
:pecuniari1y or otherwise interested in or is a director, member
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or officer of any such other firm, association, corporation or
partnership or is a party or is pecuniarily or otherwise
interested in such contract or other transactions or in any way
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connected with any'person, firm, association, corporation or
partnership pecuniarily or otherwise interested therein.
Any director may vote and be counted in determining the
existence of a quorum at any meeting of the Board of
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Directors of this corporation for the purpose of authorizing
such contract or transaction with like force and effect as
if he were not so interested, or were not a director, member
or officer of such other firm, association, corporation or
partnership .'
ARTICLE XIV.
SUBSCRIBERS
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The names and post office addresses of the subscribers
to these Articles of Incorporation are as follows:
NAME
POST OFFICE ADDRESS
Nathan J. Miller
360 Glenwood Drive
Delray Beach, FL 33445
1II
Alan Miller
11422 NW 20th Ct.
Coral Springs, FL 33071
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Michael D. Gordon'
910 Greensward Lane
Delray Beach, FL' 33445
ARTICLE XV.
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SPECIAL PROVISIONS
All properties of this corporation and ~he association,
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and the members thereof, shall be subjeqt to the provisions
of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
Ci true' Glen.
and shall also be subject to such amendments or modifications
therebf as may hereafter be adopted. The membership in this
corporation, the terms and conditions thereof, shall be
in accordance with the aforesaid Declaration of Restrictions,
and such By-Laws as may hereafter be adopted in accordance
with the provisions of these Articles of Incorporation.
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CERTIFICATE ACCEPTING DESIGNATION
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AS
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REGISTERED AGENT
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1 HEREBY CERTIFY that I have, accepted the designation
as Registered Agent of CITRUS GLEN HOMEOWNERS I
ASSOCIATION and agree to serve as its agent to accept service
of process within this State at its Registered Office.
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(Seal)
Michael D. Gordon
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AGREEMENT FOR PURCUASE AND SALE
THIS AGREEMENT FOR PURCHASE AND SALE ("Agreement") made and
entered into by and between IijTRACOASTAL DEVELOPMENT, INC., a Florida
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corporation and/or its assigns, 70 South Congress Avenue, Suite 201,
(
Delray Beach, Florida ("Purchaser") r., and BOYNTON NURSERIES, a Florida
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general partnership, of 1425 Wilkens Avenue, West Palm Beach, Florida
("Seller").
WIT N E SSE T H:
WHEREAS, Seller is the owner of that certain real property lying,
being and situate in Palm Beach County, Florida, which is legally
descr ibed on Exhibi t "A" attached hereto and made a part hereof ("Subject
Property"); and
WHEREAS, Seller is desirous of selling the Subject Property upon
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the terms and conditions hereinafter set forth; and '
WHEREAS, Purchaser is desirous of purchasing the Subject Property
upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, for and inconsideration of good and valuable
considerations, the receipt whereof is hereby acknowledged by each
party hereto from :the other party hereto and in consideration of the
mutual covenants, conditions and promises herein contained, the
parties hereto do hereby agree as follows:
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1. Sale of Sub;ect Property. Seller agrees to sell the
Subject Property and Purchaser agrees to purchase the Subject Property
from Seller subject to and upon the terms and conditions hereinafter
set forth.
2. Purchase Price. The purchase price to be paid by Purchaser
to Seller for the Subject Property shall be ONE MILLION THREE HUNDRED
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, EIGHT-SIX THOUSAND DOLLARS ($1,386,000) ("Purchase Price") which is
based upon FORTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($49,500) for each
acre of land (prorated for each partial acre) included within the
Subject Property.
In determining the actual amount of acres to be
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l' paid for, there shall be deducted from the. area to be conveyed the
portions containing rights of way of all paved highways, ra~lroads,
power transmission lines, gas transmission lines, intercity telephone
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lines, unpaved county roads or rights of way of other utilities or any
other area included therein which is burdened by easement or other
encumbrance on the date of this Agreement's execution, which would
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prevent such area from being included in the gross area of property
for the purpose of establishing tge permitted density of building
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units per acre, as hereinafter provided in paragraph 8. The calculation
with respect to the amount of acres within the Subject Property and
the areas of that portion thereof which is subject to an easement or
encumbrance, resulting in a reduction in the permitted density of
building units per acre, as hereinbefore described, shall be made by a
licensed surveyor or Florida engineer selected by the Purchaser and
found acceptable to the Seller. The expense incurred for such survey
shall be borne by the Purchaser. Such determination shall be made at
least ten days prior to the closing date hereof and Purchaser shall
'provide Seller with the survey and calculations used in arriving at
the Purchase Price in the manner aforesaid.
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3.
Method of Pavment.
The Purchase Price shall be paid as
follows:
(a) Upon the execution of this Agreement, Purchaser shall
deliver to Gunster, Yoakley, Criser & Stewart ("Escrow Agent") good
and sufficient funds in the amount of FIFTY THOUSAND DOLLARS ($50,000)
("Deposit"), such sum being a part of the aforedescribed Purchase
Price.
The Deposit shall be held by the Escrow Agent, in an FDIC-
insured money market account wi th interest income to inure to the
benefit of the Purchaser as a credit against the Purchase Price,
providing Purchaser does not default under the terms of this Agreement,
and shall be retained, pursuant to the terms and conditions of an
"Escrow Agreement" which is attached hereto and made a part hereof.
(b) ONE MILLION THREE HUNDRED THIRTY-SIX THOUSAND DOLLARS
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($1,336,000) at "Closing" (as hereinafter defined), being the balance
of the Purchase Price (subject to prorations, credits and adjustments)
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of which the Initial Deposit shall be a part thereof, shall be payable
by received wire transfer of good and sufficient federal funds or
local cashier's check to Seller or Seller's attorney, as Seller shall
designate.
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(c) The Purchaser shall, in its sole judgment and discretion,
satisfy itself as to the suitability of the Subject Property for
development and such other general conditions deemed relevant by the
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Purchaser. During Purchaser's review of the S~bject Property, all
deposits plus interest accrued thereon shall be fully refundable
within ninety (90) days following this Agreement's execution by the
parties, and upon purchaser's request the Escrow Agent shall refund to
Purchaser all deposit (s) (plus interest accrued thereon), at which
time this Agreement shall be deemed null and void without further
force and effect with neither party having further responsibility or
liability to the other hereunder.
(d) All deposits, plus interest accrued thereon, shall
. become non-refundable to the Purchaser, except in the case of Seller's
:....f#..'d:fault hereu~der, ninety-one (91) days following this Agreement's
execution. Notwithstanding the foregoing, Purchaser shall receive a
credit toward the,Purchase Price for the deposits and interest earned
thereon, upon the condition that closing, of title to the Subject
Property takes place within the time period (s) provided for in accordance
with the terms of this Agreement subject to any rights of extension as
hereinafter set forth.
4. Title.: On or before thirty (30) days from the "Execution
Date" (as hereinafter defined) Seller shall, at Seller's expense,
cause to be delivered to Purchaser a commitment for the issuance of an
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ALTA Form B title insurance policy for the Subject Property (together
with recorded copies of the exceptions listed therein) in the amount
of the Purchase Price ("Commitment"). The expense of the title
insurance policy to be issued pursuant to the Commitment shall be the
sole obligation of the Seller and shall be payable at Closing to the
Seller's issuing agent.
Purchaser may, at purchaser's expense, obtain his own
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survey of the Subject Property ("Survey"), although the failure of
Purchaser to obtain the Survey shall not be deemed a default by
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Purchaser hereunder. Purchaser agrees to provide Seller, on a best
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efforts basis, on or about ninety (90) days follmdng the execution of
th~s Agreement, a copy of the Survey for purposes of deleting the survey
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exception in the Commitment.
If the Survey reveals any enc}oachment
or other defect affecting the Subject Property, said encroachment or
other defect shall be treated as a title defec~ (excluding Permitted
Exceptions).
Purchaser shall have fifteen (15) qays from receipt of the Commitment
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to review title to the Subject property. In the event the Surveyor
Commitment shall contain exceptions other than the Permitted Exceptions
as defined herein which render title to the Subject Property to be
other than good, marketable and insurable, then,Purchaser shall have
the right to object to the status of Seller's title; provided, however,
in the event Purchaser shall fail to object to the status of Seller's
title within such fifteen-day period, then purchaser's right to object
to the status ~f Seller's title shall be deemed waived and Purchaser
shall be deemed to have accepted the status of Seller's title. If an
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,objection to title is made by Purchaser within.such fifteen-day
period, Purchaser shall so notify Seller in, writing specifying the
matters which render Seller's title to the Subject property other than
good, marketable and insurable and Seller shall use reasonable efforts
within a period of one hundred twenty (120) days from receipt of
Purchaser's notice within which to remove said defects, and if Seller
is unsuccessful in removing them wi thin said time, Purchaser shall
have the option to either (i) accept title subject to the defects, or
(ii) request a refund of all deposits paid hereunder (plus interest
accrued thereon) which shall forthwith be returned to Purchaser and
thereafter Purchaser and Seller shall be released of all further
obligations under the Agreement; however, Seller agrees that he will,
if title is found to be unmarketable, use reasonable effort to correct
the defect (s) in title wi thin the time provided therefore, including
the bringing of necessary suits on such reasonable efforts basis.
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5.
Representations and Warranties.
As an inducement to
Purchaser to execute this Agreement, to close the transaction contemplated
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'hereby and to pay the Purchase Price, therefor, Seller warrants and
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represents to Purchaser that:
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(a) As of the Closing" Seller will be the owner of the
Subject Property in fee simple.
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the Property and to perform' such other activi~ies on the Property
which are authorized by the terms of this Agreement.
Notwithstanding the terms of this Section, neither Purchaser nor
any agent, employee and/or contractor shall go upon the Subject
Proper ty until such time as Purchaser shall provide Seller with a
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. public liability insurance policy containing such limi ts as Seller
shall reasonably request and an endorsement insuring Seller against
any claim for loss or casualty of Seller or any third person injured
'as a result of Purchaser's activities or the activities of the Purchaser's
agents, employees and/or contractors, on or about the Subject Property.
Purchaser hereby agrees to indemnify and hold Seller harmless
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against any loss or claim of any type res~lting from purchaser's or
his agent's, employee's and/or contractor's activities on the Property.
Such rights' of 'It,ndemni ty shall expressly survi ve termination of this
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Ag~eement or delivery of the Deed and Closi~g and shall not be merged
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7. Deed/Closinq. The conveyance of. the Property by Seller to
Purchaser shall be by general warranty deed ("Deed ") subject to:
~ (i) taxes for the year of Closing and subsequent years; (ii) zoning
. ~ governmental regulations; and (iii) those matters set forth on Exhibit
'M
'B"Jand such other matters appearing of record that would not unreasonably
~~nterfere with the intended development of the Subject Property,
("~,.f attaehca hcreto uAcl Hl~dc a p~rt acreef ("Permitted Exceptions").
~ The execution and delivery of the Deed and of all other documents
required pursuan~ to this Agreement and the balance of all sums
required to be paid ("Closing") shall take place on or before
January 31st, 1988.
Purchaser shall provide Seller (at Seller's
option) thirty (30) days' notice prior to scheduling a date for
closing in order to permit Seller the opportunity to remove certain
nur sery mater ials from the Subject Property. The Closing shall ,take
"place at the offices of Guns1;.er, Yoakfey, Crise,r " Stewart, 777 South
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I Flagler Drive, West Palm Beach, Florida or such other location as
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required by Purchaser's institutional mortgage lender. Notwithstanding
.:,the foregoing, it is understood that the date of Closing shall be
" subject to satisfaction of the condi tions precedent to Seller's and
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'Purchaser's obligations for closing of title as s~t forth in ArticleS
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herein.
8. Conditions Precedent to purchaser's Obliqation forClosinq of
Title.
Purchaser's obligation hereunder to close title in accordance
with the terms contained herein shill be subject to and contingent
upon each and all of the following conditions (hereinafter collectively
referred to as the .Conditions Precedent"):
(a) That the Subject Property, at the time of Closing,
has been annexed by the City of Boynton Beach and its land use 'designation
conformed to the land use amendment change proposed under the City of
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Boynton Dea9h comprehensive plan and future land use map. The Purchaser
and Seller ack~owledge that the Subject Property is presently included
within the proposed, land use amendment and designated as low density
residential (maximum density 4.82 ~nits per ,acre).
(b) Rezoning of the Subject Property (in conformity with
the comprehensive plan and future land use map referred to above) for
a planned unit development permi tting a maximum of 4.82 uni ts per
acre.
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(c) That the Subject Property at the time of closing, is
subject to reservations obtained from the appropriate utility companies
confirming that no moratorium exists and availability for the premises
to receive sufficient capacity and/or service of water, sewer and
other utilities to meet the capacity anticipated of the project exists
and that specifically sewer and water has been brought to and otherwise
made available at the site of the Property, all in accordance with
requirements of the respective governmental authorities.
(d) That the Subject Property at the time of closing, has
, obtained all off-site easements necessary to insure availabili ty of
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i ,The Purchaser, agrees to 'diligently pUI:sue1lhe processing of all
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, :; ~equired to, satisfy the condi tions set forth in Paragraph 8. In
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':', consideration:,of the f<?regoing, the Seller agrees to assist the
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Purchaser in the processing and/or satisfying of the foregoing conditions
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precedent by providing information, and executing documents authorizing
the Purchaser, or its representa ti ve, to file such applications or
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other s~bmissions required by appropriate agencies, quasi-governmental
or municipal authorities, all in furtherance of satisfying such
conditions precedent. The Purchaser further agrees to submit, subject
to any rights of termination as provid~d for herein, prior to October 1,
1987, all applications necessary for the subject property's ,annexation
and change of its land use designation by the City of Boynton Beach.
It is further understood and agreed that Closing shall take place
within thirty (30) days, following the satisfaction of all Conditions
Precedent as set forth herein, but in no event to extend beyond
January 31, 1988.
If the date of Closing shall be a Saturday or
Sunday or loca~ or national holiday, the, Closing shall be deemed
extended to the next business day thereafter.
Notwithstanding anything contained herein to the contrary, the
Purchaser shall be entitled to an extension from the final closing
date of January 31, 1988, provided that Purchaser had diligently and
in proper form pursued the processing of all applications and has been
placed on the agenda (prior to January 31, 1988) for final approval by
the appropriate local governmental municipality in order to satisfy
all conditions precedent to his obligations for closing of title.
Subject to the foregoing, the Purchaser shall be entitled to an
extension not to exceed thirty ('30) days inclusive of the thirty-day
period following satisfaction of all conditions precedent as set forth
herein. Purchaser shall not be entitled to further extensions from
January 31, 1988, if Purchaser's applications to the appropriate
governmental municipalities have resulted in a final denial of the
requests set forth herein or such denial results from the purchaser's
failure to comply with the rules and regulations of the governmental
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agencies to which it has applied for such approva1.
In the event Purchaser has failed to satisfy the Conditions
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Precedent to its obligation for Closing of title, Purchaser, wi thin
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ten (10) business days from the failure to: satisfy such condi tion,
may: (i) waive any part of all of the Conditions Precedent not yet
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(90) days following execution of this Agreement, terminate this
Agreement by written notice to Seller and have refunded. all' deposits
paid hereunder (plus interest accrued thereon) at which time this
Agreeme~t shall be considered null and void'without further force and
effectl or (iii) if subsequent to the first ninety (90) days following
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execution of this Agreement, forfeit all deposits paid hereunder (plus
interest accrued thereon) to Seller in full settlement of all rights
and liabilities hereunder (excluding any rights of indemnity set forth
in Paragraphs 6 and 15, which are intended to survive and not merge in
any termination) at which time this Agreement shall be considered null
and void without further force and effect.
Purchaser agrees to assign its rights to any pending applications,
petitions, wo~k product, reports" studies, soil tests, as may be in
purchaser's possession, relating to development of the Subject Property
upon termination of this Agreement due to the failure of satisfying
conditions precedent to purchaser's obligation for closing of title.
9. Closinq Costs and Prorations. The parties agree that the
following shall be the schedule of obligat;:ions with respect to the
Closing expenses hereunder, to wit:
(a) Seller shall pay for the State documentary stamps on
the Deed.
(b) Purchaser shall pay for the recording of the Deed.
(c) Seller shall pay the premium for the title insurance
policy to be issued pursuant to the Commitment.
(d) All governmental and quasi-governmental improvement
liens on or against the Subject Property which have been certified as
of the date of the Closing or with respect to which the work has been
substantially complete as of the date of the ,Closing though not yet
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certified, shall be paid by Seller and, if not certified, Purchaser
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shall receive a credit, at Closing in an amount equal to the latest
estimate therefor by the applicable governmental agency, provided
that, upon request by either party hereto, the parties hereto shall,
upon the actual amount of such lien being established, make whatever
adjustments are necessary to reflect the actual amount of the lien
notwithstanding the fact that the Closing has occurred. Pending
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governmental and quasi-governmental improvement liens on or against
the Subject Property with respect to which the work bas not been
substantially completed as of the date of the Closing or such improvement
liens which have been assessed directly or indirectly as a result of
Purchaser's actions (relating to the Subject Property or property in
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close proximity thereto) whether certified or sUbstantially completed
as of the date of closing, shall be assumed by the Purchaser.
(e) Real property taxes on the Subject Property shall be
prorated as of the date of Closing at the highest allowable discount.
If the Closing occurs on a date when the taxes for the year of Closing
are not fixed, taxes will be prorated based upon the then prior year's
tax and at the highest allowable, discount.
If the tax proration is
based on other "than the actual amount of taxes in question then, upon
the actual amount of such taxes being known, the parties hereto agree
that upon the request of either, such taxes will be re-prorated and the
appropriate adjustment made notwithstanding the fact that the Closing
has occurred.
Except as otherwise specifically provided in this
Agreement, all expenses and revenues (if any) of the Subject Property
shall be prorated or credited as the case may be to the day of Closing.
10.
Possession.
Possession of the Subject Property shall be
delivered by Seller to Purchaser at Closing, subject to Seller's right
to harvest the 1987/1988 citrus crop. Purchaser acknowledges that no
reliance has been made by it as to the condition of the citrus groves
and/or citrus crop existing upon the Subject Property.
11.
Condemnation or Eminent Domain.
In the event of the
commencement of any condemnation or eminent domain proceeding for any
public or quasi-public purpose at any time prior to the Closing
resulting or which could result in the taking of ~ll or any substantial
par~ of the Subject Property, Purchaser shall have the option of: (i)
cancelling this Agreement in which event the Deposit and all sums paid
pursuant hereto shall be forthwith returned by the holders(s) thereof
.
to Purchaser and upon such repayment, this Agreement shall be null,
void and of no further force or effect and all parties hereto shall be
released and relieved from any and all further liability or obligation
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hereunder 1 or (ii) closing the transaction contemplated by this
Agreement in which event the Purchase Price shall not be abated;
provided, however, that Seller shall assign any condemnation or
eminent domain award and its right to receive same to Purchaser.
Notwi thstanding anything contained herein to the contrary, Purchaser
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shall have no rights under this Paragraph for condemnation or eminent
domain proceedings which are directly or indirectly the result of
Purchaser's actions (relating to the Subject Property or property in
close proximity thereto).
12.
Default.
In the event of a default by Purchaser under
this Agreement, except for the additional right to be indemnified
pursuant to Paragraph 15 hereof, Seller shall only have the right to
receive the Deposit (plus interest accrued thereon) as liquidated
damages in full settlement of any claims against Purchaser and Purchaser
shall have no other or further rights or liability hereunder, the
parties acknowledge the exact amount of damages are incapable of
ascertainment. In the event of a default by Seller under the terms of
this Agreement, except for the additional right to be indemnified
pur suant to Paragraph 15 hereof, Purchaser shall have the sole and
exclusive remedies of either: (i) terminating this Agreement whereupon
the Deposi t and all funds held by Escrow Agent shall be forthwith
returned to Purchaser whereupon all parties hereto shall be released
and relieved from any and all further liability or obligation hereunder1
or (ii) proceeding to enforce this Agreement by an action for specific
performance.
Seller' shall not be in default hereunder until Seller
has received notice of the alleged default and has not cured same
within thirty (30) days from Seller's receipt of such notice.
13. Li tiqa tion. In con'nection with any litigation ar ising out
of . this Agreement, the prevailing party shall be entitled to recover
all costs incurred including, but not limited to, its reasonable
attorneys' fees at all trial and' app.ellate leveis and post-judgment
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proceedings.
14.
Notices.
Unless otherwise specifically provided herein,
all notices to be given hereunder shall be in writing and sent to the
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parties as hereinafter provided, certified mail, return receipt
requested, postage prepaid. Unless otherwise specif ically 'pr ovided
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herein, said notices shall be effective on the day such notice is
deposited in the United States mails.
Notices as to Purchaser
shall be sent to:
Intracoastal Development, Inc.
70 South Congress Avenue, Suite 201
Delray Beach, FL 33445
Michael D. Gordon, Esquire
c/o Boose, Casey, Ciklin, et ale
515 No. Flagler Dr., Suite 1900
West Palm Beach, Florida 33401
and a copy to:
Notices as to Seller
shall be sent to:
Boynton Nurseries
1425 Wilkens Avenue
West Palm Beach, Florida
and a copy to:
Drennan L. Whitmire, Jr.
c/o Gunster, Yoakley, Criser & Stewart
777 S. Flagler Drive
West Palm Beach, Florida
Notices as to
Escrow Agent:
Drennan L. Whitmire, Jr.
Gunster, Yoakley, Criser & Stewart
777 S. Flagler Drive
West Palm Beach, Florida 33401
The place to which any party hereto is entitled to receive any notice
may be changed by such party by giving notice thereof in accordance
with the foregoi~g provision.
15. Brokeraqe. Each party hereto represents and warrants unto
the other party hereto that there are no real estate brokers or agents
involved with respect to this transaction and that there are no
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brokerage fees, finder's fees or broker's commissions due as a result
of thei r respective execution of this Agreement or which will be due
as a result of the Closing as contemplated hereby by virtue of their
respective acts, inactions, conduct or otherwise except; Seller
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agrees to pay, if, as, when and at the time of actual closing
(simultaneously with the disbursement to the Seller of the proceeds of
such sale) to B.L.C. Realty, Inc., a brokerage commission in an amount
equal to TWO THOUSAND TWO HUNDRED FIFTY ($2,250) DOLLARS (inclusive of
any sales tax assessed thereon) for ~ach acre ,of the subject property
($63,000.00, subject to re-proration) and 'to Charles Passentino, Real
Estate Droker, a brokerage commission in an amount equal to TWO
THOUSAND TWO HUNDRED FIFTY ($2,250) DOLLARS (inclusive of any sales
taxes assessed thereon) for each acre of the subject property ($63,000.00,
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subject to re-proration).
Each party hereto does hereby agree to
indemnify and hold the other harmless from any breach of thei~ respective
representations and warranties as set forth in this Paragraph. The
provisions of this Paragraph shall survive the Closing.
The above-named brokers shall execute this Agreement for the sole
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purpose of evidencing their consent to the provisions of this
Paragraph 15, but shall not be considered as parties to this Agreement
under any other provision of this Agreement.
16.
Governinq Law.
This Agreement sh~ll be governed and
controlled by and enforced and construed under the laws of the state
of Florida. Venue for any action or proceeding brought hereunder or
pursuant hereto shall be exclusively in Palm Beach County, Florida,
except as same may be in contravention of applicable law.
17.
Assiqnment.
This Agreement may be assigned by Purchaser
with the written consent of Seller (which consent shall not be
unreasonably withheld) at or contemporaneously wi th the closing of
this transaction; however, Purchaser shall not be released from any
obligations hereunder.
18. Captions and Paraqraph Headinqs. All captions or title of
paragraphs used in this Agreement are for convenience only and are not
intended to construe, limit, define or describe the scope or intent of
any paragraph of this Agreement nor in any way to affect this Agreement.
19. Gender. Whenever the context so requires or admits, any
pronoun used herein may be deemed to mean the corresponding masculine,
feminine or neuter form thereof and the singul~r form of any nouns. and
pronouns herein may be deemed to mean the corresponding plural form
thereof and vice versa.
20. Execution Date. The "Execution Date" hereof shall be the
date when this Agreement is executed by the last of the parties
hereto.
21. Time is of the Essence. Time is of 'the essence of this
.
Agreement and each and every term and provision contained herein.
22. , Saturdays. Sundays and Holidavs. Any time period provided
for herein which shall, end or expire on a Saturday, Sunday, or legal
holiday shall be deemed extended to the nex~. full business day, thereafter.
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23. Co un te r pa r ts. This Agreement may be executed in one or
more counterparts, each of which shall be deemed to be an or iginal,
but all of which shall constitute one and the same Agreement.
24.- 'No Waiver. No waiver of any provision of this Agreement
shall be effective unless it is fn writing, signed by the party
against whom it is asserted and any such written waiver shall only be
applicable to the specific instance to which it relates and shall not
.. be deemed to be a continuing or, future waiver.
25.
Entire Aqreement.
This Agreement, and the documents
referenced herein contain and set forth the entire understanding
between the Seller and the Purchaser, and it shall not be changed,
modified or amended except by an instrument in writing and executed by
the party against whom the enforcement of any such change, modification
or amendment is sought.
This Agreement shall be binding upon the
parties hereto and their respective heirs, personal representatives,
successors and assigns.
26. Relationship. Nothing contained in this Agreement shall
constitute or be construed to be or create a partnership, joint
venture or any other relationship between the Seller and the Purchaser
other than the relationship of a buyer and seller of real and personal
property as set forth in this Agreement.
27. Recordation. Neither this Agreement nor any memorandum of
,this Agreement shall be reGorded amongst the ,Public Records of any
II
State or County.
28. Joint Preparation. The preparation of this Agreement has
been a joint effort of the parties and this Agreement shall not,
solely as a matter of judicial construction, be construed more severely
against one of the parties than the other.
IN WITNESS WHEREOF, the parties here~o have executed this Agreement
i
as of the day and year appearing below their respective signatures.
WITNESSES:
SELLER:
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BOYNTON NURSERIES,
a Florfda.i ,general partnership
, 1987
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PURCHASER:
INTRACOASTAL DP~1ELOPMENT, INC.
:y:1o~~<'.:on president
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(CORPORATE SEAL)' /:.
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, 1987
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CONFIRMED, AND ACCEPTED:
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B.L.C. REALTY, INC.
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By:
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CHARLES PASSEN~I~o~al Estate B~Oker
, ~~~ /f;~r;.~->t:
~ ~les Passentino
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Exhibit A
Exhibit B
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SCHEDULE OF EXHIBITS
Subject Property Legal Description
Permitted Exceptions
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EXHIBIT "A"
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LEGAL DESCRIPTION
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The Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4)
of the Northwest quarter (NW 1/4); and the Northeast quarter (NE
1/4) of the Southwest quarter (SW 1/4) of the Northwest quarter
(NW 1/4); and the Northwest quarter (NW 1/4) of the Southeast
quarter (SE 1/4) of the Northwest quarter (NW 1/4) of Section
Eighteen (18), Township Forty-Five (45) south, Range Forty-Three
(43) east, Palm Beach County, Florida.
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C. Upon termination of the duties qf Escrow -Agent
in either manner set forth in subparagraphs I or 2 of pa~a9raph A
of this Article V, Escrow Agent shall deliver all of the Escrowed
Property to the newly appointed Escrow Agent designated by the
,Principal(s), and, except for rights of Escrow Agent specified in
Paragraph A of Article III of this Escrow~Agreement, Escrow Agent
shall not otherwise have the right to withhold Escrowed Property
from said newly appointed Escrow Agent.
I
D. Escrow Agent shall not be bound by any modification,
cancellation or rescission of this Escrow Agreement unless in,
writing and signed by all Principal(s) and Escrow Agent. In no
event shall any modification of this' Escrow Agreement, which
shall affect the rights or duties of Escrow Agent, be binding on
Escrow Agent unless it shall have given its prior written consent.
VI. Rotices
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All notices, certificates, requests, 'pemands, materials
and other communications hereunder shall be in writing and deemed
to have been duly gi ven (I) upon deli very by hand to the appropriate
address of each Principal or Escrow Agent as set forth in this
Escrow Agreement or in the Documents, if any, or (2) on the third
business day after mailing by United states registered or certified
mail, retur~ receipt requested, postage prepaid to such address.
All notices to Escrow Agent shall be addressed to the attorney
signing on behalf of Escrow Agent at the following addresss
Gunster, Yoakley, Criser & Stewar~
777 South Flagler Drive
West Palm Beach, Florida 33401
VII. Choice of La. and Venue
~his Escrow Agreement shall be governed by and
construed in accordance with the laws of the state of Florida.
In the event any action, suit or proceeding is instituted as a
result of any matter or thing affecting this Escrow Agreement,
the parties hereto hereby designate Palm Beach County, Florida,
as the proper j ur isdict~~n and the venue in which same is to be
instituted.
VIII.
Cuaulative Rights
No right, power or remedy conferred upon Escrow Agent
by this Escrow Agreement is exclusive of any other right, power
or remedy, but each and every such right, power or remedy shall
be cumulative and concurrent and shall be in addi tion to any
other right, power or remedy Escrow Agent may have under the
Escrow Agreement or now or hereafter existing at law, in equity
or by statute, and the exercise of one right, power or remedy by
Escrow Agent shall not be construed or considered as a waiver of
any other right, power or remedy.
IX. Binding Agree.ent
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This Escrow Agreement s1)all' be binding upon the
Principal(s) and Escrow Agent and their respective successors and
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x. ,Bscro. Agent Pees
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, '0;::" Escrow Agent' shall receive for its services in
,;,:; accepting this escrow the sum of ---lnot applicable) Dollars
. '. i~'" ($ nla ) per hour of time involved with respect to this
" ,':1 escrow, plus reimbursement of all costs, which fees and costs the.
" ,I! Principal (s) hereby jointly and severally agree to pay and it. is
hereby understood and agreed that all such fees and costs. shall
, ' " constitute a first lien of the Escrowed property hereunder.,
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IN WITNESS WHEREOF, the parties heret3 have
' presents to be executed this + day ,of ~)1 __
Signed, Sealed and Delivered
in the Presence of:
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(CORPORATE SEAL)
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cau~ed . these
, 1987.
GUHSTBR', YOAKLBY, ausER 5 STEWART
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PRINCIPAL(S):
INC.
Attest:
social secur i ty or corporate IIltt/,....
identification number r' /I ~ I
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BOYRTOR NURSBRIBS
a Florida general partnership
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EXHIBIT "B"
; :' SCHEDULE OF PERMITTED EXCEPTIONS
1. Rights of Lake Worth Drainage District as specified in Deed Book
466, Page 175, Public Records of Falm Beach County, Florida.
2. Rights of Lake Worth Drainage District as specified in Deed Book
474, Page 477, ,Public Records of Palm Beach County, Florida.
3. Rights of Lake ,Worth Drainage District as specified in Deed Book
498, Page 118, Public Records of Palm Beach County, Florida.
4. Right of way of Lawrence Road.
5. Taxes for the year 1987 and subsequent years.
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ESCROW AGRBBKBR~
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THIS ESCROW AGREEMENT. ("Escrow Ag'reement") is' made. and
entered into between INTRACOASTAL DEVELOPMENT, INC., a Florida
corporation, 70 South~Congress Avenue, Suite 201, Delray Beach,
Florida, and BOYNTON NURSERIES, a Florida general partnership,
, 1425 ,Wilkens Avenue, West Palm Beach, Florida (hereinafter
referred to as "Principal(s) ") DreaReR I.. Whitmire, Jr. c/o GUNSTER,
'YOAKLEY, CRISER & STEWART, whose address is 777 South Flagler
Drive, West Palm Beach, .Florida 33401 (hereinafter referred to as
"Escrow Agent".
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WHEREAS, Principal(s) desire that Escrow Agent hold certain
property as described on "Exhibit A" hereto ("Escrowed Property")
pursuant to certain documents described on "Exhibit a" hereto, if
any ("Documents"), and '
WHEREAS, Escrow Agent has agreed to act as Escrow Agent for
the Escrowed Property on the terms and conditions now about to be
set forth.
NOW, THEREFORE, in consideration of the covenants and
agreements herein set forth and other good and lawful consideration,
the receipt and sufficiency of which is hereby aCknowledged, the
parties hereto, intending to be legally bound, agree as follows:
I. Bscrov
A. Escrow Agent agrees to hold all of the Escrowed
Property in escrow subject to the terms and conditions contained
in this Escrow Agreement and the Documents, if any. The provisions
of this Escrow Agreement' shall control in'. the event of any
conflict between the provisions hereof and the provisions of the
Documents, if any.
a. Unless otherwise provided for in this Escrow
Agreement or any addendum hereto, Escrow Agent shall disburse the
Escrowed Property without interest or other accumulation in
value.
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C. Escrow Agent shall not be deemed to have knowledge
of any matter or thing unless and until Escrow Agent have actually
received written notice of such matter' or thing and Escrow Agent
shall not be charged with any constructive notice whatsoever.
D. 1n the event the Escrowed Property consists in
whole or in part of stocks, bonds or certificates of deposit (or
any other property which may fluctuate in value) Escrow Agent
shall hold in escrow, pursuant to this ES9row Agreement, any
proceeds of the Escrowed Property actually delivered to Escrow
Agent and realized as a result of splits, calls, redemptions or
otherwise, but shall not be obligated to ascertain the existence
of (or initiate recovery of) such proceedS or to become or remain
informed with respect to the possibility or probability of such
proceeds being realized at any time in the future, or to inform
any Pr incipal (s) or any third party with respect to the nature
and extent of any proceeds realized, except upon the written
request of such party, or to monitor cu~rent ,markot values of the
Escrowed Property. Further, E~crow A~ent shall not be obligated
to proceed with any action or inaction based on information with
respect to market values of the Escrowed Property which Escrow
Agent may in any manner learn, nor shall Escrow Agent be obligated
to inform Principal(s) or any third party with respect to market
values of anyone or more of the Escrowed property at any time,
Escrow Agent having no duties with respect to investment management
or information, all principal(s) understanding and intending that
Escrow Agent's responsibilities are purely ministerial in nature.
Any reduction in the market value or othe;, value of the Escrowed
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Property while deposited with Escrow Agent shall be at the sole
risk of Principal(s). '
. E. In the event instructions from Principal (s) would
, . require Escrow Agent tCL,.expend any monies. or to incur any cost,
Escrow Agent shall be eRtitled to refrain from taking any action
until it receives payment for such costs.'
F. Principal(s) acknowledge and agree that nothing in
this Escrow Agreement shall prohibit Escrow Agent from (1)
serving in a similar capacity on behalf of others or (2) acting
.Jin the capacity of attorneys for one or more Principal(s) in
~connection with any matter.
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~ 11. Releaae of Bacro.ed Property
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~o ~ ' A. Escrow Agent agrees to release the Escrowed Property
fa tIl 01 in accordance wi th the terms and conditions set forth in the
.B 11 ifi Documents, if any, and this Escrow Agreement.
1~ c~ B. In the event Escrow Agent shall be uncertain as to
~ ~~its duties or rights hereunder or shall receive instructions,
~~, ~8. claims or demands f rom any Pr incipal hi) or ,trom third persons
~ with respec~.to the Escrowed Property or any other sums or things
.~ ~ 'M~ which may be held hereunder, which, in its sole opinion, are in
~..., conflict with any provision of this Escrow Agreement and/or the
~~ ~6Documents, if any, Escrow Agent shall be entitled to refrain from
~ ~QJ~taking any action until it shall be directed otherwise in writing
~ ~ ~~by all Principal(s) and said third persons, if any, or by a final
~ ~~order or judgment of a court of competent jurisdiction.
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8 ~. .g C. If all or any portion of the Escrowed Property
~ 8 1i delivered to Escrow Agent is in the form of a check or in any
~..., a~form other than cash, Escrow Agent shall deposit same as required
!~Obut shall not be liable for the nonpayment thereof nor responsible
, ~ 4J'.oto enforce collection thereof. If such check or other instrument
~ '~~other than cash representing the Escrowed Property is returned to
cU ~Escrow Agent unpaid, Escrow Agent shall notify the applicable
'1:! tIl'tl' P incipal (s) for further instructions.
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, i! I I. Liability of Bscrow Agent
~ ~ "8 A. II: is agreed \:hal: I:he dul:ies of Escrow Agenl: are
m 2.~purelY ministerial in nature and shall be expressly 1imi ted to
m~~ the safekeeping of the Escrowed Property and for the disposition
E~ fa~of same in accordance with the Documents, if any, and this Escrow
Agreement. r Each Principal hereby indemnifies Escrow Agent and
holds it harmless from and against any and all claims, liabilities,
damages, costs, penalties, losses, actions, suits or proceedings
at law or in equity, or any other expenses, fees, or charges of
any character or nature, which it may incur or with which it may
be threatened directly or indirectly arising from or in any way
connected with this Escrow Agreement or which may result from
Escrow Agent following of instructions from principal(s), and in
connection therewith, indemnifies Escrow Agent against any and
all expenses, including attorneys' fees and the cost of defending
any action, suit, or proceeding or resisting any claim, whether
or not litigation is instituted. Escrow Agent shall be vested
with a lien on all Escrowed Property held hereunder which is
deliverable to Principal(s) unde~ the terms of this Escrow
. 1~ Agreement, for indemnification, ~ttorneys' fees, court costs
;' ,ar i sing from any sui t, interpleader or' otherwise, or othe r
, ; ;1: ' expenses, fees or charges of any character or nature, which may
i ':'.:':! be incurred by Escrow Agent by reason of disputes arising between
. :':' Principal (s) and/or any third party as to the correct interpretation
of this Escrow Agreement and/or the Documents, if any, and
instructions given to Escrow Agent hereunder, or otherwise, with
the right of Escrow Agent, regardless of the instruments aforesaid
and without the necessity of instituting any action, suit or
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M ~.~ ~dditional expenses, fees and,charges shall be fully paid.
~ ... 4J..o B. It is further agreed that Escrow Agent shall have
tl 5j ~ he right to utilize the services of Gunster, Yeakley, Criser &
.fJ ~~ Stewart, P.A. , as its attorneys and
~ ame shall not affect or in any way prejudice or limit Escrow
i such attorneys as set forth in(~his Escrow Agreement.
~ [j ~ .B ....t IV. Disputes
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A. In the event Escrow Agent is joined as a party to a
lawsuit by virtue of the fact that it is holding the Escrowed
Property, Escrow Agent shall, at its option, either (1) tender
the Escrowed Property to the registry of the appropriate court or
(2) disburse the Escrowed Property in accordance with the court's
ultimate disposition of the case, and Principal(s) hereby,
jointly and severally, indemnify and hold Escrow Agent harmless
from and against any damages or losses in connection therewith
including, but not limi ted to, reasonable at.torneys' fees and
court costs at all trial and appellate l~vels.
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B~' In the event Escrow Agent tenders the Escrowed
Property to the registry of the appropriate court and files an
action of interpleader naming the Principal(s) and any affected
third parties of whom Escrow Agent has received actual notice,
Escrow Agent shall be released and relieved from any and all
further obligation and liability hereunder or in connection
herewith and Principal(s) hereby, jointly and severally, indemnify
and hold Escrow Agent harmless from and against any damages or
losses arising in connection therewith including, but not limited
to, all costs and expenses incurred by Escrow Agent in connection
with the filing of such action including, but not limited to,
reasonable attorneys' fees and court costs at all trial and
~. appellate levels.
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V. TeDl of Agee_ent:
A. This Escrow Agreement shall remain in effect:
unless and until it is cancelled in any of the following mannerSI
'1. Upon written notice given by all Principal(s)
of cancellation of designation of Escrow Agent to act and serve
in said capacity, in which event, cancellation shall take effect
no earlier than twenty (20) days after notice to Escrow Agent of
such cancellation, or
2. Escrow Agent may resign as Escrow Agent at
any time upon'giving notice to Principal(s) of its desire to so
resign, provided, however, that resignation of Escrow Agent shall
take effect no earlier than ten (10) days after the giving o,f
notice of resignationl or
3. Upon compliance with all escrow provisions
as set forth in this Escrow Agreement and in the Documents, if
any. ' ,
B. . In the event Principal(s) fail to agree to a
, successor Escrow Agent within the period · described hereinabove,
{'~, Escrow Agent shall have the right to deposit all of the Escrowed
; ", .;~r:,~ Property held hereunder, into the registry of an appropriate court,
",',:iil';~:' and request:. judicial determination of the rights between
",f 'J::: Principal(s), by interpleader or other appropriate action, and
'..",<'" principal (s) hereby, jointly and severally, indemnify and hold
, '!, '; Escrow Agent harmless from and against any' damages or losses in
connection therewith inClUding, but not limited to, reasonable
attorneys' fees and court costs at all trial and appellate
levels. ~
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DECL~RATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR CITRUS GLEN .
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THIS DECLARATION, made
by Intracoastal Developrent Ine.
Florida, herein referred to
on the date hereinafter set forth
, acorporatAon 'hf the State of
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as DECLARANT.
WIT N E SSE T II:
WHEREAS, DECLARANT is the owner of certain real property
situated in the city of Boynton Beach, Palm Beach County, Florida,
which is more particularly described in ARTICLE I of this
Declaration; and,
, .
WHEREAS, DECLARANT desires to create a quality housing
development with restrictions, covenants, conditions, easements,
charges and liens as hereinafter set forth for the preservation
of the property values and protection of the OWNERS therein;
NOW" THEREFORE, DECLARANT declares that all of the property
described in ARTICLE I shall be held, transferred, sold, conveyed
and occupied subject to the following easements, restrictions,
covenants, conditions, impositions, charges and liens which
are for the purpose of protecting the value and desireability
of, and which shall run with, the real property and be binding
on all parties hav~ng an~ !ight, title or interest in the
describ~d properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
OWNER thereof.
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ARTICLE.!.
DEFINITIONS
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The following words, when used in this Declaration, shall
have the foilo~ing meanings:
1. ASSOCIATION shall mean and refer to CITRUS GLEN
HOMEOWNERS' ASSOCIATION, its successors and as~igns.
2. OWNER shall mean and refer to the record owner, whether
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one or more persons or entities, of a fee simpl~ title to any lot,
or any portion of a lot on which a dwelling unit is or may
hereafter be located, which IQts or portions thereof are a part
of the PROPERTY, including contract sellers, but excluding those
persons or entities having such interest merely qS security for
the performance of an obligationor'debt~
,3. PROPERTY shall mean and refer to all the real property
in the aggregate described on Exhibit A attached hereto and m,ade
a part hereof, subject nevertheless to easements, restrictions,
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reservations; covenants, limitations and conditions of record.
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4. COMMON AREA shall mean all the real property
(including the improvements thereto or located thereon) owned
by the ASSOCIATION for the common use and enjoyment of the OWNERS.
The common areas to be owned by the ~SSOCIATION e"en if not
owned by the ASSOCIATION at the time of the recording of this
Declaration, are described and set forth on Exhibit B
attached hereto and made a part hereof. DECLARANT undertakes
and agrees that the COMMON AREAS described herein shall be free
of any mortgage liens or other encumbrances on or before
December 31, 1994.
5. LOT shall mean and refer to any plat of land or any
portion ~hereof upon which a dwelling unit has or may hereafter
be constructed, which lot or portion thereof is shown upon
any recorded subdivision may of the PROPERTY with the exception
of the COMMpN AREA.
6. DECLARANT shall mean and refer to INTRACOlI..STAL DE.'VEWPNENl' INC.,
;A. corporation
of the State of Florida, its successors and assigns if such
successors or assigns should acquire more than one undeveloped
lot or portion thereof from the DECLARANT for the purpose
of development.
Upon the conveyance of the COMMON AREA submitted or
conveyed to the ASSOCIATION for the purpose of maintenance of
the CO~10N ~REA, the ASSOCIATION shall be considered owner
for the purposes of this Declaration and have the responsibility
of owner as, those responsibilities pertain to the common areas
herein .\
ARTICLE II.
.
PROPERTY RIGHTS IN COMMON AREAS
1. 'On or before the earlier of the dates set forth in
ARTICLE III, Paragraph (a) and (b), DECLARAN'r shall cOrlvey to
,
the ASSOCIATION the COMMON AREAS described in Schedule B attached
to and made a part of this DECLARATION and the DECLARANT hereby
covenants that the majority control of the ASSOCIATION shall
be in the OWNERS of lots other than the DECLARANT or Developer
of the properties on the' earlier of such dates. 'l'he DECLARANT
I
hereby covenants and agrees that neither the-DECLARANT nor the
ASSOCIATION will conveyor transfer (or enter into a contract
for the same) the CO~ON AREAS,prior to the date ~ontrol of
the ASSOCIATION is in OWNERS other than the DECLARANT or Developer.
.
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2. OWNERS' EASEMENTS OF ENJOYMENT. Every owner ofa lot
or a portion thereof on which a dwelling unit is or may hereafter
be constructed shall have aright and easement dt enjoyment in
and to the COMMON AREA which shall be appurtenant to and shall
,
pass with title to every lot o~ portion thereof as herein
contemplated, subject to the following provisions:
(a) 'The right of the ASSOCIATION to charge reasonable ad-
mission and other fees for the use of any recreational facilities,
including the entire' COMMON AREA, by any OWNER for any period
during whibh any assessment ~gainst his lot or portion thereof
remains unpaid: and for a period not to exceed sixty (60) days
for any infraction'of its published rules and regulations;
(b) The ,right of the ASSOCIATION to dedicate 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
agreeing-to such dedication or transfer signed by two-thirds(2/3rds)
of the members entitled to vote has been recorded.
3. ' bELEGATION OF USE. Any OWNER may share, in accordance
with the By-Laws of the ASSOCIATION, his right of enjoyment to
the COMMON AREA and facilities with the members of his family,
his tenants, or contract purchasers who reside on the PROPERTY.
, .
Alt'l'ICLE III.
MEMBERSHIP AND VOTING RIGHTS
1. Every owner of a lot or portion thereof ~hich is subject
to assessment shall be a member of the ASSOCATION. Membership
shall be appurtenant to and may not be separated from ownership
of any such lot or portion thereof.
2. The ASSOCIATION shall have two classes of voting membership:
CLASS A. Class A members shall be all oWhers, with the
exception of the DECLARANT, and shall be entitled to one (I)
vote for each lot or portion thereof owned. When more than
one person hol& an interest in any lot'or portion thereof,
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all such persons shall be members, but the vote for such lot
or portion th~reof shall be exercised as they determine,
but in no event shall more than one (1) vote, be cast with
, ,
respect to any lot or portion thereof.
CLASS B. Class B member(s) shall be the DECLARANT and/or its
assigns, .and shall be entitled to four (4) votes for each lot
or portion thereof owned. The Class B membership shall cease
and be converted to Class A membership 011 th~ happening of
either of the following events, whichever occurs earlier:
(a) When the total votes outstanding in the Class A
-membership equal the total votes outstanding in the
Class B membership, or
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(b) On December 31, 1994.
)
3. The calculation of votes and consequent control bf the
Association shall be based on/~nd determined on' the basis
of a total of 106 ;' dwelling units, being the number of
dwellinq units contemplated by the Preliminar1 Plat of the
entlrb28.80Acre Tract of which the property described in
,
Exhibit A is a part.
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ARTICLE IV.
.,
COVENANT FOR MAINTENANCE ASSESSMENTS
1. 'CREATION OF THE LIEN AND PERSONAL OBLIGATION OF
ASSESSMENTS. The DECLARANT, for each lot or portion thereof
owned within the PROPERTY, hereby covenants, with-each OWNER
of any lot or portion thereof by acceptance of a deed therefor,
whether or not it shall be so expressed in such deed, is d~emed
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to covenant and agree to pay to the ASSOCIATION:
(1) Annual Assessment or charges, and (2) Special Assessments for
capital imprqvements; such charges and/or assessments shall be
established and collect:ed as hereinafter provided. The Annual
and Special Assessments, together with interest, costs and
reasonable attorney's fees, 'shall be a charge on the land and
shall be a ,continuing lien upon the PROPERTY against which each
such assessment is made. Each such assessment, together with
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-interest, costs and reasonable attorney's fees shall also be the
personal obligation of the person(s) who was\the owner of such
property at the time when the assessment fel~ due. The
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personal.obligations for delinquent assessments .shall not pass
to the OWNER's successor in title unless expressly assumed by
such successor.
2. PURPOSE OF ASSESSMENTS. The assessments levied by the
ASSOCIATION shall be used exclusively to promo.te the recreation,
health, safety and welfare of the residents in the PROPERTY and
for the improvement, preservation and maintenance of the
COMMON AREA.
. ' 3. MAXIMUM ANNUAL ASSESSMEN'f. Until December 31, of the
year during which the conveyance of the first lot or portion
thereof is made to an OWNER, the maximum shall be $1,200.00
per portion of any lot, payable $300.00 quarter-annually.
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(a) From and after January 1 of the year immediat~ly
following~he conveyanbe of the first lot or portion thereof
to an OWNER, the maximum annual assessment may be increased each
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year not more than 20% above the maximum assessment for the
previous year without a vote of the membership.
(b) From and after January I of the year immediately
following the conveyance of the first lot to an OWNER, the
maximum annual assessment may be increased above ten percent (10%)
by a vote of two-thirds (2/3rds) of the members who are voting
in person or by proxy, at a meeting duly called for this
purpose.
(c) The Board of Directors of the ASSOCIATION may
fix the aIlnual assessment at an amount not in excess of the
maximum.
"
4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In
addition to the annual assessments authorized above, the
ASSOCIATION may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying,
in whole or in part, the cost of any construction, reconstruction,
repair or. replacement of a capital improvement in or upon the
COMMON AREA, including fixtures and personal property related
. thereto provided that any such assessment shall have the assent
of two-th~rds (2/3rds) of the votes of each cla.s of members
who are voting in person or by proxy at a meeting duly called
for these purposes.
5. CLASS B.MEMBERS EXEMPT FROM ASSESSMENTS. The Class B
members shall be~ and are hereby exempted from the above pro-
visions with respect to the providing of money 'for annual or
special assessments; provided that the Class B members shall
bear their proportionate share of and do or cause to be done
any of the work, maintenance, construction, or providing of those
services and/or improvements for which such assessments are
intended~
I
6. NOTE AND QUORUM FOR ANY ACTIONS AUTHORIZED UNDER
PARAGRAPHS 3 and 4 ABOVE. Written note of any meeting called for
" the purpose of taking any action authorized under Paragraphs 3
or 4 above shall be sent to all members not less than ten (10)
days nor more than twenty (20) days in advance of the meeting.
At the first date of any sucp meeting called, the presence of
. -
members or of proxies entitled cast sixty (60%) percent of all
the votes of each class of membership shall constitute a quorum.
" .
If the required quorum is not present, another meeting may be
called subject to the same notice requirement, and any number
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of members or proxies present shall constitute a quorum. No
such subsequent meetings shall be held more than forty-five (45)
days following the preceding meeting.
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7., UNIFORM RATE OF ASSESSMENT. Both annual and special
assessments:must be fixed at a ,uniform rate for all lots or
portions thereof' and may be collectep on a .periodic b~sis. As
is contemplated by the preliminary subdivision map of the
PROPERTY heretofore approved by the municipal bodies ?f th~
City of Boynton Beach, ~nd as permitted by the ordinances of
t' . .
said city, there will or may be conveyances made of whole lots,
or of parcels of approximately one-half (1/2) of such lots,
t . .
described in this Declaration as portions of lots. For the
purpose of calculating annual or special assessments, the
assessments applicable to the one-half (1/2) or portions
of lots shall be equal to one-half (1/2) of the assessments
for whole lots, unless and until any of the whole lots are
divided in or substantially in the same manner as the one-half
(1/2) or portions of lots are divided, in which case the
assessments applicable to the newly divided lots shall be on a
.
basis similar to those applicable to the one-half (1/2)
or portions- of lots.
B. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES.
The annual assessments provided for herein shall conunence as to
I
all lots or portions thereof on the first day of the month
immediately following conveyance of any lot or portion thereof
. .
or a dwelling u~it to an OWNER.
The first annual assessment shall be adjuste4 according to
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the number of months remaining in the calendar year. 'The
Board of Directors of the ASSOCIATION shall fix the amount of
the annual asse~s~ent against'~ach lot or portiori~ thereof at
least thirty (30) days in advance of each annu~liassessment
, . ..I .
period. Written notice of the annual assessment. shall be sent
to every OWNER subject thereto. The due dates shall be
established by the Board of Directors. The ASSOCIATION shall,
upon demand, and for a reasonable charge, furnish a~ertificate
signed by an officer of the ASSOCIATION settin~ fort~whether
the assessm~nts on a specified 'lot or portion thereof have been
paid. A properly executed. certificate of the ASSOCIATION as
to the status of assessments on a lot or portion thereof shall
.
.. be binding upon the ASSOCIATION as of the date of its issuance.
No lot or.portion thereof shall be responsible for the payment
<' J _.
of asses~ments unless and until it has been conveyed by the
DECLARANT or its assigns to an OWNER, the DECLARANT :or its assigns
being exempt from such assessments;unti1 Dece~ber 31, 1999,
in accordanpe with the terms .ot. th1S Declarat1on.
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(b) As of the Closing, Seller will have no unpaid bills
for labor performed or materials supplied incident to the'Subject
,
property. A no lien affidavit stating same .wi 11 be delivered by
. ;
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Seller to Purchaser at the Closing.
(c) Seller has the power and authority to execute,
deliver and carry out the terms and revisions of this Agreement and
has taken all necessary action to authorize its execution and delivery
(except as otherwise provided for herein). This Agreement has been
duly authorized, executed and delivered on behalf of the Seller and
constitutes a valid and binding obligation of the Seller, 'enforceable
,.
in accordance with its terms. No consent, authorization or approval
by any governmental or public body or authority is required in connection
wi th the execution, deli very and performance by the Seller of the
Agreement and/or taking any of the action contemplated herein.
In the event any representation and warranty ~et forth above and
otherwise made by the Seller in connection with this transaction,
cannot be confirmed at the time of closing, Purchaser in his discretion
may request Seller to restate such representation and warranty within
Seller's affic)avit with such ~bligations surviving the Closing and
delivery of deed or terminate this Agreement and be refunded all
.
deposits paid hereunder (together with interest accrued thereon), at
which time this Agreement shall be considered null and void without
further force and effect.
6. Physical Condition of Property/Access for Examination.
Purchaser, personally or through his agents, employees and/or
contractors, may go upon the Property at any time or from time to time
prior to the Closing, to make boundary lines or topographical surveys
and to conduct' such soil, engineering, environmental and other tests,
investigations and analysis of the property as Purchaser deems desirable,
provided tha t ,purchaser. and Purchaser's agents, employees and/or
contractors, shall comply with all applicable laws and ordinances in
.
,', connection with such activities relating to the Property. Purchaser
.,
agrees that no construction of any nature, incluBing grating, shall be
initiated and no trees or bushes shall be cut or removed prior to
closing except as may be reasonably required to prepare a survey of
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9. EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES
OF THE ASSOCIATION. Any assessment not paid within thirty (30)
days after the due 'date shall bear interest from the due date
at the rate of nine (9%)percent per annum. The ASSOCIATION
may bring an action at law against the OWNER personally obligated
to pay t~e same, or foreclose a lien against the property.
No OWNER may waive or oth~rwise escape liability for the assess-
ments provided for herein by non-use of the COMMON AREA or
abandonment of his lot or portion thereof.
10. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien
of the assessments provided for herein shall be subordinate
to the lien of any first mortgage granted to or issued in favor
of a reg'ularly constituted and government supervised lending
institution. Sale or transfer of any lot or portion thereof
shall not affect the assessment lien. However, the sale
I
or transfer of any lot pursuant to mortgage foreclosure
or any proceeding in lieu thereqf, shall extinguish the
~
lien of such assessments as to payments which become due
prior to such sale or transfer. No sale or transfer shall
relieve such lot or po~tion thereof from liability for any
assessment thereafter becoming due or from the lien thereof.
11. RIGHT OF CITY OF BOYNTON BEACH TO MAINTAIN UPON
DEFAULT pY ASSOCIATION. In the event the ASSOCIATION fails
properly to maintain the COMMON AREAS or any portion thereof
'in a raa~onable manner, the City of Boynton Beach (C~ty) shall
have the right, but not the obligation, to undertake such
maintenance, repair or replacement as may be r~asonably necessary.
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The judgment of the City as to whether or not the standard
of maintenance called for in this paragraph is being met shall
be final. The right of the City shall not become effective,
, I
however, unless written notice shall first be given to the
ASSOCIATION of the details of the intended maintenance, repairs
or replacements to' be undertak~n by the City, and thirty (30)
days shall elapse after the giving of such notice. If during
such thirty (30) day notice the ASSOCIATION shall CORUDence and
diligently pursue the completion of such maintenance, repair
or replacement, then the city's rights shall not become effective.
In the event the City 'shall expend any m6hey in maintaining,
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repairing or replacing any part of the COMMON AREA pursuant to the
right given to the City herein, then the City shall have the
right to assess all the OWNERS for such expenditures in the same
manner as the ASSOCIATION would have had, except that the city
shall not be subject to any limit established herein. Any such
assessm~nt levied by the city shall be subject to collection by
the City by any of the remedies given -to the ASSOCIATION for
collection of assessments, and such assessments shall be a lien on
,
all the land affected by this Declaration proportionately allocated
to each OWNER.
ARTICLE V.
ARCHITECTURAL CONTROL
~
No buildin~, fence, wall Qr other structures shall be
commenced, erected or maintained upon the PROPERTY, nor upon
any lot or portion thereof, nor shall any exterior addition
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to or change or alteration therein be made unless and until
the plans and specifications sho~ing the nature, kind, shape,
heighe, material, proposed color scheme, and location of
the same'sha~l have been submitted to and approved in writing
as to harmony of external design and location in relation
to surro~nding structures and topography by the Board of
Directors of ,the ASSOCIATION, or by an architectural review
committee composed of three (3) or more representatives' appointed
~
by the Board. In the event said Board ot its designed committee
fail ,to approve or disapprove such design location and colors
within~thirty (30) days afte~ said plans and specifications
have been submitted to it, approval will not be required
and this ARTICLE will be deemed to have been fully complied
with. .Such control shall not be applicable to any construc-
tion by DECLARANT, its successors or assigns whether according
to its own discretion or pursant to any approval granted by
the municipal officials"or boards of the City of Boynton Beach.
All adjoining unit~ shal1 be maintained in t~e same. color,
and the owners thereof shall, from time to time, agree upon
the color; in the event that the said owners shall be unable
to agree, then they shall notify the ASSOCIATION, which
shall select the color, which shall be applied by the owners.
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ARTICLE VI.
SPECIAL EASEMENT AND MAINTENANCE PROVISIONS
Each owner shall have the right and privilege: to keep
and maintain in perpetuity any part or portion, segment or
section of his dwelling unit 'on, in or over the property and/or
dwelling unit of the otherJ to repair, rebuild, maintain,
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service and otherwise take care of his dwelling unitJ to go
upon those parts of the adjoining property or dwelling as may
be necessary in order reasonably to accompli~h the same.
The condition of any of the above is that any person, whether
doing said work personally or through the services of others
shall: do and perform such work during usual and normal
working hours, and in such a manner, where possible, as not
unduly to disturb the domestic peace and tranquility of his
adjoining owner; in going upon the premises or dwelling' of
his adjoining owner, the other shall be liable and responsible
to him ~for any damage of any manner done to the property or
dwelling of his neighbor. Such adjoining owners shall so treat
of and with their dwellings that their neighbors shall reasonable
access to,~oofs and other portLn~-of the plDperty and/or dwellinnR
.
for the purposes herein set forth. Where adjoining and/or
~ .
connected dwelling units are so const~ucted that rain or
surface waters are cast or flow from one to the other, this
.
shall not be considered a trespass and such conditions
I
or situations shall be considered proper, natural and
. .
usual for the purposes of this Article. Owners shall
specifically have the right and privilege in accordance
with the standards and conditions set forth above, to
repair, maintain and treat of and with their property and
...
dwellings so as to maintain the said integrity of their
property and dwellings.
Wherever the e,aves, overhangs or other portions of
dwellings are so constructed as to encroach upon or over the
dividing line separating any lot or portion thereof from
any other portion, the owner in question shall have the
right and privilege to maintain such situation, repair
and maintain the dwelling, etc., all as contemplated by
and in accordance ~ith the standards and conditions of
this Article.
All of the above standards of care and maintenance
shall apply with equal force and effect to privacy walls
I
which maybe constructed on or straddling ;the side of division
lines o~ any lot or lots constituting any portion of the
property.
Anything'otherwise contained in or set forth in this
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Declaration to the contrary notwithstanding, the provisions
of this Article shall attach to, be and run ~ith the lands
and premises subject hereto in perpetuity.
ARTICLE VII.
GENERAL PROVISIONS
~.
1. USE RESTRICTIONS. The lots or portion thereof
herein described may be used for residential dwelling units
and for no other purposes; no commercial, industrial or
other non-residential builQings may be erected on the lots or
. .
portions thereof and no businesses may be conducted on
any part of a 'lot or portion thereof nor shall any building or
thereo~ be used or maintained as a professional office.
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2. MAINTENANCE OF LOTS. All areas of lots or
po~tions thereof not covered by buildings, structures or
paved parking facilities sharI be maintained as landscaped
areas, and shall 'be maintained to the pavement edge or any
abutting streets and to the property lines of the various
lots or portions thereof. The said landsqape areas shall
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be maintained by the OWNER in good and substantial condi-
tion, and so as properly to maintain and promote the property
values of all lots and portions thereof and properties within
the entire subdivision which is the subject matter of
this Declaration. In the event that any OWNER shall fail
or refuse to maintain such areas as above provided the
DECLARANT and/or the ASSOCIATION shall have the right to
enter upon such areas and to install thereon such landscape
mate~ial as may be necessary to comply with the
maintenance of such standards and/or to maintain the same;
any such entry made by the DECLARANT or the ASSOCIATION
shall not be deemed a trespass. Should said right to
install and/or maintain the said landscape areas be exercised
the cost thereof shall be borne by the OWNER and payment
thereof shall be due ?nd payable to the DECLARANT and/or
the ASSOCIATION within thirty (30) days from a written
request to the OWNER to pay same. Should the OWNER fail
to make such payment within the said thirty (30) day period,
then the D?CLARANT and/or ASSOCIATION shall have a lien for
the cbst thereof, enforceable as otherwise provided herein.
3. All areas within the public right~'of way not
maintained by the City of Boynton Beach shall be maintained
by the ASSOCIATION, and the adjoining owners shall have no
obligation for maintenance thereof. The ASSOCIATION shall
alsormaintain the property within the 10' planting and utility
easements along the perimeter of the property.
3(a). THE OWNERS shall be responsible for and shall
"
maintain as provided for in the Declaration all of the property
ownetd by them and which J,Uay be wi thin the p~tio walls which
may be constructed on the property during the construction
phase of the development. All portions of the property
located outside of the patio walls shall be attended to and
maintained by the ASSOCIATION and the :OWNERS shall have neither
the obligation nor the right to maintain the same. The costs
of ~uch maintenance shall be borne by the ASSOCIATION and shall
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be among the normal costs of the ASSOCIATION for which
assessments will be levied and collected as part of the
regular budget and expense of the ASSOCIATION.
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4. ACCESSORY OR T~MPORARY BUILDINGS. No tents and
.
no accessory or temporary buildings or structures shall be
permitted upon a lot or a portion of a lot unless approved
in writing by DECLARANT and/or the ASSOCIATION. A
tempprary construction facility may be permitted during
construction and its size, appearance and temporary
location must be approved by DECLARANT and/or the
ASSOCIATION in writing. Any signs to be used in
conjunction with this temporary construction facility must
also be approved by DECLARANT and/or the ASSOCIATION
in writing.
5. NUISANCES. There shall not be erected, maintained,
operated, carried on, permitted or conducted upon any
lot or portion of any lot any thing or activity which shall
be or become noxious or offensive or an annoyance or a
nuisance to the OWNER or OWNERS of other lots or
portions thereof.
6. ANTENNAE. No outside antennae, poles, masts,
electronic devices or towers shall be permitted unless
approved in writing by DECLARANT and/or the ASSOCIATION.
7. GARBAGE CONTAINERS, OIL AND GAS TANKS, AIR
CONDITIONERS. All garbage and trash containers, oil tanks
and bottled gas tanks must be underground or placed in
walled-in area so that they shall not be visible from any
street or adjacent lot or portion thereof. All air-
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conditioning units and equipment shall be shielded and
hidden so that they shall not be visible from any street
or adjacent property. Landscaping adequate to screen
. I
air-conditioning units and equipment: and the garbage and
trash containers, oil tanks, if any, shall be installed and
maintained by the OWNER to provide an aesthetically pleasing
treatment of those walled-in areas and of the air conditioning
units.
7a. Mail box posts and mail boxes shall or may be placed
or installed by DECLARANT or its assigns in accordance with
regulations and requirements of the U.S. Postal Department.
Posts and/or boxes so placed may be mainta~ned by the OWNER
thereof even if it is placed upon the adjoining premises of
his neighbor..
.
... III . fj _
B. SIGNS. ,No signs shall be erected or display.ed ,on
any lot or po~tion thereof, including but not l~mited 'to' signs
advertising the lots or portions thereof.for.sale or rent.
or any other purpose, unless t~e placement and character,
form, size and time of placement of such signs be first
approved in writing by DECLARANT and/or the ASSOCIATION.
No free standing signs shall be permitted unless approved
in writing by DECLARANT and/or th~ ASSOCIATION. This regu-
lation sh~ll expire, and the right of the DECLARANT and/or
the ASSOCIATION to control such signs advertising lots or
portions thereof for sale or use or other purpose shall expire
, If>
on December 31, '1994~. All signs must, in addition to the
above, also conform with applicable governmental ordinances,
rules,~laws and regulations.
"
.
. 9. TRUCKS AND OTHER VEHICLES. No truck or commercial
vehicle of any kind shall be permitted to be parked on any
lot or portion thereof at any time for a period of more than
four (4) hours unless the same is temporarily present and
necessary in the actual construction or repair of build~ngs
on the PROPERTY. No truck or commercial vehicle of any kind
shall be parked on the PROPERTY overnlght and no boats,
boat-trailers or trailer~ of any kind or campers or mobile
., .
homes shall be permitted to part on or near the PROPERTY at
any t~me unless kept fully enclosed inside a building.
None of the aforementioned shall be used as a domicile or
residence eit~er permanently, or temporarily.
10. ENFORCEMENT. The DECLARANT, the A~SPCIATION or
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any OWNER shall have the right to enforce by any proceeding,
at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by
the provisions of this Declaration. Failure by the ASSOCIATION
,
or by the DECLARANT' or by any OWNER to enfor?e any covenant
or restriction herein contained shall in no event .be deemed
a waiver of the right to do so thereafter.
11. SEVERABILITY. Invalidation of: any one of theBe
covenants or restrictions by judgment or court order shall
in no wise affect any other provisions which shall remain
in full force and effect.
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12. AMENDMENT. The ,covenants and restr~ctions of this
Declaration shall run with and bind the land, for a period
of twenty-five (25) years from the date this Declaration
is recorded, after which time they shall be automatically
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extended for successive period of ten (10) years unless
terminated in accordance with the standards of amendments.
set forth in this paragraph. This Declaration may be
amende~ during the first twenty-five (25) year period by
any instrument signed by not less than sixty-five (65%)
percent of the lot OWNER or OWNERS of portions of lots,
and thereof. Any amendment must be recorded in the
\
official records of Palm Beach County.
13. ADDITIONAL PROPERTIES. DECLARANT reserves the
right by reference to this Declaration to include additional
proper~ies or, areas at or adjacent to the deve~opment site
of which the area on Schedule A annexed is a part, to be
cover~d and made subject to this Declaration.
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ARTICLE VIII.
PARTY WALLS
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1. Each wall which is built as a part of original
construction of the homes upon the properties and placed
on the dividing line between the Lots shall constitute
a party wall and, to the extent not inconsistent with the
provision of this Article, the general rules of law regarding
party walls and liability for property damage due to
negligence or willful acts or omissions shall apply thereto.
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2. Every Lot and the improvements thereon having a
party wall shall be burdened with an easement of support
for the benefit of each adjoining Lot and the improvements
thereon.
3. The cost of reasonable repair and maintenance of
a party wall shall be shared by the OWNERS who make use of
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the wall in proportion to such use. I
4. If a party wall is destroyed or damaged by fire or
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other casualty, any OWNER who has used the wall may restore it,
and if the other OWNERS thereafter make of the wall, they
shall contribute to the cost of restoration thereof in
proportion to such use without prejudice, however, to the
right of any such OWNERS to call for a larger contribution
from the others under any rule or law regarding liability
) .
for negligent or willful acts or omissions.
5. Notwithstanding any other provisions of this
Article, an OWNER who by his negligent or willful act, causes
the party wall to be exposed to the elements, shall bear
the whole cost of furnishing the necessary protection
against, such elements.
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6. The right of any OWNER to contribution from"any
other OWNER under this Article shall be appurtenant to the
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land anQ."shall pass to suph OWNER'S successol\,in title.
7. In ~he event of any dispute arising concerning a
party wall, or under .the provisions of this Article, each
OWNER shall choose one (1) Arbitrator, and such Arbitrator '.
shall 'coose one (1) additibnal Arbitrator, and the decision
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sha.ll be by a majority of all the Arbitrators.
,~ IN WITNESS WHEREOF. INTRACOASTAL DEVELOPMENT INC.,
does hereby execute this Declaration of Restrictions in its
name by its undersigned President, and affixes its corporate
seal hereto, this day of sept;-, 1987, at Delray '1each,
Florida.
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INTRACOASTAL DEVELOPMENT INC.
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BY'
Na,than J. Miller, President
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AT'fEST:
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STATE OF FLORIDA
COUNTY OF
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ss:
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I HEREBY. CERTIFY that on this day, I before me, an
officer duly authorized in th~ S~ate and County aforesaid. to
take acknowledgements, personally appeared tJ1\TlI1\N J. MILLER,
presid,ent and ALAN MILLER, Vice President, bf.' Intracoastal Oeveloprent Inc.,
a Florida partnership, to me known to be the person described
in and who executed the fore9oing instrument and he acknowledged
that the said instrument is the act and deed of said corporation.
WITNESS my signature and offIcial sea1 ~t .'
in the County of Palm Beach and the State I of :FIOrlda, this _
day of Sept., 1987. II ~.
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NOTARY. pUBLic, STATE OF FLORIDl\
MY COMMISSION EXPIRES:
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EXHIBIT "A"
LEGAL DESCRIPTION
The Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4)
of the Northwest quarter (NW 1/4); and the Northeast quarter (NE
1/4) of the Southwest quarter (SW 1/4) of the Northwest quarter
(NW 1/4); and the Northwest quarter (NW 1/4) of the Southeast
quarter (SE 1/4) of the Northwest quarter (NW 1/4) of Section
Eighteen (18), Township Forty-Five (45) south, Range Forty-Three
(43) east, Palm Beach County, Florida.
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l\GRCEHENT FOR PURCHl\SE AND Sl\LE
THIS AGREEMENT FOR PURCHASE AND SALE ("Agreement") made 3nd
entered into by and between INTRACOASTAL DEVELOPMENT, INC., a Florida
. . $
corporation and/or its assigns, 70 South Congress Avenue, Suite 2J1,
Delray Beach, Florida ("purchaser")l and BOYNTON NURSERIES, a F:~:~ja
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general partnership, of 1425 Wilkens Avenue, West Palm Beach, Flc~~da
("~el1er").
WIT N E SSE T II:
WHEREAS, Seller is the owner of that certain real property lying,
being and situate in Palm Beach County, Florida, which is legally
descr ibed on Exhibi t "A" attached hereto and made a part hereof ("Subject
property"); and
WHEREAS, Seller is desirous of selling the Subject Property upon
the terms and conditions hereinafter set forth: and,
WHEREAS, Purchaser is desirous of purchasing the Subject Property
upon the terms and conditions hereinafter set forth.
Nm'l, THEREFORE, for and in consideration of good and valuable
considerations, the receipt whereof is hereby acknowledged by each
party hereto from :the other party hereto and in consideration of the
mutual covenants, conditions and promises herein contained, the
parties hereto do hereby agree as follows:
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1.
Sale of Subiect Property.
Seller agrees to sell the
Subject Property. and Purchaser agrees to purchase the Subject Property
from Seller subject to and upon the terms and conditions hereinafter
set forth.
2. Purchase Price. The purchase price to be paid by Purchaser
to Seller for the Subject Property shall be ONE MILLION THREE HUNDRED
...
, EIGHT-SIX THOUSAND DOLLARS ($1,386,000) (lIpurchase Price") which is
based upon FORTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($49,500) for each
acre of land (prorated for each partial acre) included within the
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SUbject Property.
In determining the actual amount of acres to be
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paid for, there shall be deducted from the area to be conveyed the
portions containing rights of way of all paved highways, ra~lroads,
power transmission lines, gas transmission lines, intercity telephone
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lines, unpaved county roads or rights of way of other utilities or any
other area included therein which is burdened by easement or other
encumbr ance on the da te of this Agreement's execution, which would
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prevent such area from being included in the gross area of prope r:y
for the purpose of establishing the permitted density of buil(.:i:1g
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units per acre, as hereinafter provided in Paragraph 8. The calcuI2~i~n
o"lith L~::';p~-';:'" to t!1e amount of acree ';~ithir l:h~ S',hjp~t- l?roperty "::1d
the areas of that portion thereof which is subject to an easement or
encumbrance, resulting in a reduction in the permitted density of
building units per acre, as hereinbefore described, shall be made by a
licensed surveyor or Florida engineer selected by the Purchaser and
found acceptable to the Seller. The expense incurred for such survey
shall be borne by the Purchaser. Such determination shall be made at
least ten days prior to the closing date hereof and Purchaser shall
'provide Seller with the survey and calculations used in arriving at
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the Purchase Price in the manner aforesaid.
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Method of Pavment.
The Purchase Price shall be paid as
follows:
(a) Upon the execution of this Agreement, Purchaser shall
deliver to Gunster, Yoakley, Criser & Stewart ("Escrow Agent") good
and sufficient funds in the amount of FIFTY THOUSAND DOLLARS ($50,000)
("Deposit"), such sum being a part of the aforedescribed Purchase
Price.
The Deposi t shall be held by the Escr ow Agent, in an FDI C-
insured money market account with interest income to inure to the
benefit of the Purchaser as a credit against the Purchase Price,
providing Purchaser does not default under the terms of this Agreement,
and shall be retained, pursuant to the terms and conditions of an
"Escrow Agreement" which is attached hereto and made a part hereof.
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(b)
ONE MILLION THREE HUNDRED THIRTY-SIX THOUSAND DOLLARS
($1,336,000) at "Closing" (as hereinafter defined), being the balance
of the Purchase Price (subject to prorations, credits and adjustments)
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of which the Initial Deposit shall be a part thereof, shall be payable
by received wire transfer of good and sufficient federal funds or
local cashier's check to Seller or Seller's attorney, as Seller shall
designate.
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(c) The Purchaser shall, in its sole judgment and discretion,
satisfy itself as to the suitability of the Subject Property for
development and such other general conditions deemed relevant by the
Purchaser.
During Purchaser's review of the Subject Property, all
deposits plus interest accrued thereon shall be fully refund~ble
within ninety (90) days following this Agreement's execution by ':he
parties, and upon purchaser's request the Escrow Agent shall refund to
Purchaser all deposit (s) (plus interest accrued thereon), at ~.;r: ~ch
time t.his Agreement shall be deemed null and void without further
force and effect with neither party having further responsibility or
liability to the other hereunder.
(d) All deposits, plus interest accrued thereon, shall
become non-refundable to the Purchaser, except in the case of Seller's
;""~.' d:fault hereu~der, ninety-one (91) days following this Agreement's
execution.
Notwithstanding the foregoing, Purchaser shall receive a
credit toward the.purchase Price for the deposits and interest earned
thereon, upon the ,condition that closing of title to the Subject
Property takes place within the time period (s) provided for in accordance
with the terms of this Agreement subject to any rights of extension as
hereinafter set forth.
4. Title. ~ On or before thirty (30) days from the "Execution
Date" (as hereinafter defined) Seller shall, at Seller's expense,
cause to be delivered to Purchaser a commitment for the issuance of an
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ALTA Form B title insurance policy for the Subject Property (together
with recorded copies of the exceptions listed therein) in the amount
of the Purchase Price ("Commitment").
The expense of the title
insurance policy to be issued pursuant to the Commitment shall be the
sole obligation of the Seller and shall be payable at Closing to the
Seller's issuing agent.
Purchaser may, at Purchaser's expense, obtain his own
survey of the Subject Property ("Survey"), al though the failure of
Purchaser to obtain the Survey shatl not be deemed a default by
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Purchaser hereunder. Purchaser agrees to provide Seller, on a best
efforts basis, on or about ninety (90) days following the execution of
this Agreement, a copy of the Survey for purposes of deleting the survey
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exception in the Commitment.
If the Survey reveals any en~roacnment
or other defect affecting the Subject Property, said encroachment or
other defect shall be treated as a title defect (excluding Permitted
Exceptions).
Purchaser shall have fifteen (15) days from receipt of the Comm:~~ent
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to review title to the Subject property.
In the event the Sur-:8Y or
Commitme~t shall c0fitai~ ~~ceptions other than the
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as defineu herein which render title to the Subject Property :'0 be
other than good, marketable and insurable, then,Purchaser shall have
the right to object to the status of Seller's title; provided, however,
in the event Purchaser shall fail to object to the status of Seller's
title within such fifteen-day period, then Purchaser's right to object
to the status ~f Seller's title shall be deemed waived and Purchaser
shall be deemed to have accepted the status of Seller's title. If an
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.objection to title is made by Purchaser within.such fifteen-day
period, Purchaser shall so notify Seller in writing specifying the
matters which render Seller's title to the Subject Property other than
good, marketable and insurable and Seller shall use reasonable efforts
within a period of one hundred twenty (120) days from receipt of
Purchaser's notice within which to remove said defects, and if Seller
is unsuccessful in removing them within said time, Purchaser shall
have the option to either (i) accept title subject to the defects, or
(ii) request a refund of all deposits paid hereunder (plus interest.
accrued thereon) which shall forthwi th be returned to Purchaser and
thereafter Purchaser and Seller shall be released of all further
obligations under the Agreement; however, Seller agrees that he will,
if title is found to be unmarketable, use reasonable effort to correct
the defect (s) in ti tIe wi thin the time provided therefore, including
th~ bringing of necessary suits on such reasonable efforts basis.
5.
Representations and Warranties.
As an inducement to
Purchaser to execute this Agreement, to close the tr arisaction contemplated
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hereby and to pay the Purchase Price therefor, Seller warrants and
:
represents to Purchaser that:
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(a) As of the Closing, Seller will be the owner of the
Subject Property in fee simple.
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(b) As of the Closing, Seller will have no unpaid bills
for labor performed or materials supplied incident to the'Subject
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Property. A lien affidavit stating '6 . be delivered by
no same WJ.ll
Seller to Purchaser at the Closing.
(c) Seller has the power and authority to execl:te,
deli ver and car ry out the terms and revisions of this Agreement ,l.nd
has taken all necessary action to authorize its execution and delivery
(except as otherwise provided for herein). This Agr~ement has _~en
duly authorized, executed and delivered on behalf of the Seller 3.nd
constitutes a valid and binding obligation of the Seller, enforceable
in accordance with its terms. No consent, authorization or approval
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by any governmental or public body or authority is required in connection
with the execution, delivery and performance by the Seller of the
Agreement and/or taking any of the action contemplated herein.
In the event any representation and warranty s~t forth above and
otherwise made by the Seller in connection with this transaction,
cannot be confirmed, at the time of closing, Purchaser in his discretion
may request Seller to restate such representation and warranty within
Seller's affidavit with such obligations surviving the Closing and
delivery of deed or terminate this Agreement and be refunded all
deposits paid hereunder (together with interest accrued thereon), at
which time this Agreement shall be considered null and void wi thout
further force and effect.
6. Physical Condition of Property/Access for Examination.
Purchaser, personally or through his agents, employees and/or
contractors, may go upon the Property at any time or from time to time
prior to the Closing, to make boundary lines or topographical surveys
and to conduct such soil, engineering, environmental and other tests,
investigations and analysis of the property as Purchaser deems desirable,
provided that ,purchaser. and Purchaser t s agents, employees and/or
contractors, shall comply with all applicable laws and ordinances in
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connection with such activities relating to the Property. Purchaser
agrees that no construction of any nature, incluaing grating, shall be
initiated and no trees or bushes shall be cut or removed prior to
closing except as may be reasonably required to prepare a survey of
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the Property and to perform' such other activiJ:ies on the Property
which are authorized by the terms of this Agreement.
Notwithstanding the terms of this Section, neither Purchaser nor
any agent, employee and/or contractor shall go upon the Subject
Property until such time as Purchaser shall provide Seller vJi:~ a
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public liability insurance policy containing such limits as S2':'':'er
shall reQ~onably L~yUest ~nd an endorsement insuring Seller aqai~~~
any claim for loss or casualty of Seller or any third person inj~red
. as a result of Purchaser's activities or the activities of the Purchaser IS
agents, employees and/or contractors, on or about the Subject Proper:y.
Purchaser hereby agrees to indemnify and hold Seller harmless
against any loss or claim of any type resulting from purchaser's or
his agent's, employee's and/or contractor's activities on the Property.
Such rights 'of ~~ndemnity shall expressly survive termination of this
"t. t"
Agreement or delivery of the Deed and Closing and shall not be merged
ther.ein.
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. i ;, (i) taxes for the year of Closing and subsequent years; (ii) zoning
~ governmental regulations; and (iii) those matters set forth on Exhibit
+J
ro 'B "Jand such other matters appearing of record that would not unreasonably
(ffinterfere wi th the intended development of the Subject Property.
.~~ ~tt~chcd hereto ~nd made a part hereof ("Permitted Exceptions").
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Deed/Closinq.
The conveyance of the Property by Seller to
Purchaser shall be by general warranty deed
("Deed")
subject to:
The execution and delivery of the Deed and of all other documents
required pursuant to this Agreement and the balance of all sums
required to be paid ("Closing") shall take place on or before
J an ua r y 31 s t , 19 8 8 .
Purchaser shall provide Seller (at Seller's
option) thirty (3D) days' notice prior to scheduling a date for
closing in order to permit Seller the opportunity to remove certain
nursery materials from the Subject Property. The Closing shall .take
:' place at the offices of Gunster, Yoak~ey, Criser ~ stewart, 777 South
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Flagler Drive, West Palm Beach, Florida or such other location as
required by Purchaser's institutional mortgage lender. Notwithstanding
'. the foregoing, it is understood that the date of Closing shall be
.. subject to satisfaction of the condi tions 'precedent to Seller's and
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. Purchaser's obligations for closing of title as s~t forth in Article 8
herein.
8. Conditions Precedent to Purchaser's ObliGation for Closinq of
Title.
Purchaser's obligation hereunder to close title in accordance
wi th the terms contained herein shall be subj ect to and contin 9 3n t
upon each and all of the following conditions (hereinafter collectively
referred to as the "Conditions Precedent") :
(a) That the Subject Property, at the time of Closing,
has been annexed by the City of Boynton Beach and its land use'designation
conformed to the land use amendment change proposed under the City of
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Boynton Dea9h comprehensive plan and future land use map. The Purchaser
and Seller ack~owledge that the Subject Property is presently included
within the proposed. land use amendment and designated as low density
residential (maximum density 4.82 units per acre) e.
(b) Rezoning of the Subject Property (in conformity with
. the comprehensive plan and future land use map referred to above) for
a planned unit development permitting a maximum of 4.82 units per
acre.
(c) That the Subject Property at the time of closing, is
subject to reservations obtained from the appropriate utility companies
confirming that no moratorium exists and availability for the premises
to receive sufficient capacity and/or service of water, sewer and
other utilities to meet the capacity anticipated of the project exists
and that specifically sewer and water has been brought to and otherwise
made available at the site of the Property, all in accordance with
requirements of the respective governmental authorities.
(d) .That the Subject Property at the time of closing, has
, obtained all off-site easements necessary to insure availabili ty of
water, sewer and other utilities services.
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, The Purchaser agrees to 'diligently pursue the processing of all
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\ ~:;;applications and take such other action, a~l at Purchaser's expense,
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. ::required to satisfy the conditions set forth in Paragraph 8.
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In
. '. consideration ...()f the fC?regoing, the Seller agrees to assist the
Purchaser in the processing and/or sa tisfying of the foregoing condi tions
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precedent by providing information, and executing documents authorizing
the Purchaser, or its representative, to file such applicat'ions or
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other submissions required by appropriate agencies, quasi-governmental
or municipal authorities, all in furtherance of satisfying such
conditions precedent. The Purchaser further agrees to submit, subject
to any rights of termination as provid~d for herein, prior to October 1,
1987, all applications necessary for the subject property's annexation
and change of its land use designation by the City of Boynton Beach.
It is further understood and agreed that Closing shall take place
within thirty (30) days following the satisfaction of all Conditions
Precedent as set forth herein, but in no event to extend beyond
January 31, 1988.
If the date of Closing shall be a Saturday or
Sunday or loca~ or national holiday, the Closing shall be deemed
extended to the next business day thereafter.
Notwithstanding anything contained herein to the contrary, the
Purchaser shall be entitled to an extension from the final closing
date of January 31,' 1988, provided that Purchaser had diligently and
in proper form pursued the processing of all applications and has been
placed on the agenda (prior to January 31, 1988) for final approval by
the appropriate local governmental municipality in order to satisfy
all conditions precedent to his obligations for closing of title.
Subject to the foregoing, the Purchaser shall be entitled to an
extension not to exceed thirty (30) days inclusive of the thirty-day
period following satisfaction of all conditions precedent as set forth
herein.
Purchaser shall not be entitled to further extensions from
January 31, 1988, if purchaser's applications to the appropriate
governmental municipalities have resulted in a final denial of the
requests set forth herein or such denial results from the purchaser's
failure to comply with the rules and regulations of the governmental
agencies to which it has applied for such approval.
In the event Purchaser has failed to satisfy the Conditions
Precedent to its obligation for Closing of title, Purchaser, within
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ten (10) business days from the failure to satisfy such condition,
may:
(i) waive any part of all of the Conditions Precedent not yet
satisfied, or'
(ii) if prior to the expiration of the first ninety
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(90) days following execution of this Agreement, terminate this
Agreement by written notice to Seller and have refunded ,all' deposits
paid hereunder (plus interest accrued thereon) at which time this
Agreement shall be considered null and void'without further force and
effect1 or (iii) if subsequent to the first ninety (90) days following
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execution of this Agreement, forfeit all deposits paid hereunder ~21u3
interest accrued thereon) to Seller in full settlement of all ri;~t3
and liabilities hereunder (excluding any rights of indemnity set forth
in Paragraphs 6 and 15, which are intended to survive and not merg~ in
any termination) at which time this Agreement shall be considered null
and void without further force and effect.
Purchaser agrees to assign its rights to any pending applications,
petitions, wo~k product, reports, studies, soil tests, as may be in
Purchaser's possession, relating to development of the Subject Property
upon termination of this Agreement due to the failure of satisfying
conditions precedent to Purchaser's obligation for closing of title.
9. Closinq Costs and Prorations. The parties agree that the
following shall be the schedule of obligations with respect to the
Closing expenses hereunder, to wit:
(a) Seller shall pay for the State documentary stamps on
the Deed.
(b) Purchaser shall pay for the recording of the Deed.
(c) Seller shall pay the premium for the title insurance
policy to be issued pursuant to the Commitment.
Cd) All governmental and quasi-governmental improvement
liens on or against the Subject Property which have been certified as
of the date of the Closing or with respect to which the work has been
substantially complete as of the date of the Closing though not yet
.
certified, shall be paid by Seller ~nd, if not certified, Purchaser
shall receive a credit, at Closing in an amount equal to th~ latest
estimate therefor by the applicable governmental agency, provided
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that, upon request by either party hereto, the parties hereto shall,
upon the actual amount of such lien being established, make whatever
adjustments are necessary to reflect the actual amount of the lien
notwithstanding the fact that the Closing has occurred.
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governmental and quasi-governmental improvement liens on or against
the Subject Property with respect to which the work 'has not been
substantially completed as of the date of the Closing or such improvement
liens which have been assessed directly or indirectly as a result of
purchaser's actions (relating to the Subject Property or property in
{ (
close proximity thereto) whether certified or substantially comp~eted
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the date of closinq, shall be a~sumed by the Purchaser.
(e) Real property taxes on the Subject Property shall be
prorated as of the date of Closing at the highest allowable discount.
If the Closing occurs on a date when the taxes for the year of Closing
are not fixed, taxes will be prorated based upon the then prior year's
tax and at the highest allowable. discount.
If the tax proration is
based on other than the actual amount of taxes in question then, upon
the actual amount of such taxes being known, the parties hereto agree
that upon the request of either, such taxes will be re-prorated and the
appropriate adjustment made notwithstanding the fact that the Closing
has occurred.
Except as otherwise specifically provided in this
Agreement, all expenses and revenues (if any) of the Subject Property
shall be prorated or credited as the case may be to the day of Closing.
10.
Possession.
Possession of the Subject Property shall be
delivered by Seller to Purchaser at Closing, subject to Seller's right
to harvest the 1987/1988 citrus crop. Purchaser acknowledges that no
reliance has been made by it as to the condition of the citrus groves ~
and/or citrus crop existing upon the Subject Property.
11.
Condemnation or Eminent Domain.
In the event of the
commencement of any condemnation or eminent domain proceeding for any
public or quasi-public purpose at any time prior to the Closing
resulting or which could result in the taking of ~ll or any substantial
par~ of the Subject Property, Purchaser shall have the option of: (i)
cancelling this Agreement in which event the Deposit and all sums paid
pursuant heret~ shall be forthwith retprned by th~ holders(s) thereof
to Purchaser and upon such repayment, this Agreement shall be null,
void and of no further force or effect and all parties hereto shall be
released and relieved from any and all further liability or obligation
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hereunder; or (ii) closing the transaction contemplated by this
Agreement in which event the Purchase Price shall not be abated,
provided, however, that Seller shall assign any condemnation or
eminent domain award and its right to receive same to Purchaser.
Notwithstanding anything contained herein to the contrary, purch2.ser
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shall have no rights under this Paragraph for condemnation or emi:~.':mt
~vill~ln p~0ce~~i~gs which
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purchaser's actions (relating to the Subject Property or propert~' in
close proximity thereto).
12.
Default.
In the event of a default by Purchaser under
this Agreemen t, except for the addi tional right to be indemnified
pursuant to Paragraph 15 hereof, Seller shall only have the right to
receive the Deposit (plus interest accrued thereon) as liquidated
damages in full settlement of any claims against Purchaser and Purchaser
shall have no othe r or fur the r r igh ts or liabili ty hereunder, the
parties acknowledge the exact amount of damages are incapable of
ascertainment. In the event of a default by Seller under the terms of
this Agreement, except for the additional right to be indemnified
pursuant to Paragraph 15 hereof, Purchaser shall have the sole and
exclusive remedies of either: (i) terminating this Agreement whereupon
the Deposit and all funds held by Escrow Agent shall be forthwith
returned to Purchaser whereupon all parties hereto shall be released
and relieved from any and all further liability or obligation hereunder;
or (ii) proceeding to enforce this Agreement by an action for specific
performance.
Seller. shall not be in default hereunder until Seller
has recei ved notice of the alleged defa ul t and has not cured same
within thirty (30) days from Seller's receipt of such notice.
13. Litiqation. In connection with any litigation arising out
of . this Agreement, the prevailing party shall be entitled to recover
all costs incurred including, but not limited to, its reasonable
attorneys I fees at all trial and' apP,ellate leveis and post-judgment
proceedings.
14.
Notices.
Unless otherwise specifically provided herein,
all notices to be given hereunder shall be in writing and sent to the
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parties as hereinafter provided, certified mail, return receipt
requested, postage prepaid. Unless otherwise specifically 'provided
herein, said notices shall be effective on the day such notice is
deposited in the United States mails.
Notices as to Purchaser
shall be sent to:
Intracoastal Development, Inc.
70 South Congress Avenue, Suit~ 201
Delray Beach, FL 33445
Mich~pl D. Gordon, Esquire
c/o Boose, Casey, CiklIn~ et 2~.
515 No. Flagler Dr., Suite 1900
West Palm Beach, Florida 33401
u.iid a~'copy. to :
Notices as to Seller
shall be sent to:
Boynton Nurseries
1425 Wilkens Avenue
West Palm Beach, Florida
and a copy to:
Drennan L. Whitmire, Jr.
c/o Gunster, Yoakley, Criser Ii stewart
777 S. Flagler Drive
West Palm Beach, Florida
Notices as to
Escrow Agent:
Drennan L. tfuitmire, Jr.
Gunster, Yoakley, Criser & Stewart
777 S. Flagler Drive
West Palm Beach, Florida 33401
The place to which any party hereto is entitled to receive any notice
may be changed by such party by gi ving notice thereof in accordance
with the foregoing provision.
15. Brokeraqe. Each party hereto represents and warrants unto
the other party hereto that there are no real estate brokers or agents
involved with respect to this transaction and that there are no
I
brokerage fees, finder's fees or broker's commissions due as a result
of their respective execution of this Agreement or which will be due
as a result of the Closing as contemplated hereby by virtue of their
respective acts, inactions, conduct or otherwise except; Seller
'*
ag r ees to pay, if, as, when and at the time of actual closing
(simultaneously with the disbursement to the Seller of the proceeds of
such sale) to B.L.C. Realty, Inc., a brokerage commission in an amount
equal to TWO THOUSAND TI~O HUNDRED FIFTY ($2,250) DOLLARS (inClusive of
any sales tax assessed thereon) for ~ach acre of the subject property
($63,000.00, subject to re-proration) and to Charles passentino, Real
Estate Droker, a brokerage commission in an amount equal to TWO
THOUSAND 'rwo HUNDRED FIFTY ($2,250) DOLLARS (inclusive of any sales
taxes assessed thereon) for each acre of the subject property ($63,000.00,
12
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subject to re-proration).
Each party hereto does hereby agree to
indemnify and hold the other harmless from any breach of thei~ respective
representations and warranties as set forth in this Paragraph. The
provisions of this Paragraph shall survive the Closing.
The above-named brokers shall execute this Agreement for the ~Jle
II
purpose of evidencing their consent to the provisions of ::..is
Paragraph' 15 , out i:)h\.lll ~hJt be., ecn=id~~~r:l ;:IS parties to this Agree:J'~nt
under any other provision of this Agreement.
16.
Q..o v ern i n q Law.
This Agreement sh?ll be governed and
controlled by and enforced and construed under the laws of the state
of Florida.
Venue for any action or proceeding brought hereunder or
pursuant hereto shall be exclusively in Palm Beach County, Florida,
except as same may be in contravention of applicable law.
17.
Assiqnment.
This Agreement may be assigned by Purchaser
with the written consent of Seller (which consent shall not be
unreasonably withheld) at or contemporaneously with the closing of
this transaction; however, Purchaser shall not be released from any
obligations hereunder.
18. Captions and Paraqraph Headinqs. All captions or title of
paragraphs used in this Agreement are for convenience only and are not
intended to construe, limit, define or describe the scope or intent of
any paragraph of this Agreement nor in any way to affect this Agreement.
19.
Gende r.
Whenever the context so requires or admits, any
pronoun used herein may be deemed to mean the corresponding masculine,
feminine or neuter form thereof and the singular form of any nouns and
pr onouns herein may be deemed to mean the cor responding plural form
thereof and vice versa.
20.
Execution Date.
The "Execution Date" hereof shall be the
date when this Agreement is executed by the last of the parties
hereto.
21. Time is of the Essence. Time is of 'the essence of this
.
Agreement and each and every term and provision contained herein.
22. Saturdays, Sundays and Holidavs. Any time period provided
for herein which shall end or expire on a Saturday, Sunday, or legal
holiday shall be deemed extended to the next full business day thereafter.
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23.
Counterparts.
This Agreement may be executed in one or
more counterpar ts, each of which shall be deemed to be an original,
but all of which shall constitute one and the same Agreement.
24.-
. No Wai ve r .
No waiver of any provision of this Agreement
shall be effective unless it is in writing, signed by the ~2rty
I
against whom it is asserted and any such written waiver shall only be
applicable to the specific instance to which it t 21a Lc::: and sha:":. ::ot-.
be deemed to be a continuing or future waiver.
25.
Entire Aqreement.
This Agreement. and the documents
referenced herein contain and set forth the entire understanding
between the Seller and the Purchaser, and it shall not be changed,
modified or amended except by an instrument in writing and executed by
the party against whom the enforcement of any such Change, modification
or amendment is sought.
This Agreement shall be binding upon the
parties hereto and their respective heirs, personal representatives,
successors and assigns.
26.
Relationship.
Nothing contained in this Agreement shall
constitute or be construed to be or create a partnership, joint
venture or any other relationship between the Seller and the Purchaser
other than the relationship of a buyer and seller of real and personal
property as set forth in this Agreement.
27. Recordation. Neither this Agreement nor any memorandum of
. thi s Ag r eemen t shall be recorded amongs t the .public Records of any,.
..
State or County.
28. Joint Preparation. The preparation of this Agreement has
been a joint effort of the parties and this Agreement shall not,
solely as a matter of judicial construction, be construed more severely
against one of the parties than the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
I:
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as of the day and year appearing below their respective signatures.
WITNESSES:
SELLER:
.
. ~~~~\ ~. ~\.Il..\"Ii\~
Illt it fiu.rw-(}tk-
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BOYNTON NURSERIES,
a Flor~da.general partnership
.Da te:
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, 1987
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(CORPORATE SEAL)
PURCHASER:
INTRACOASTAL DE LOPMENT, INC.
a Florida corpo~ation
BY:~
/(',_ President
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. Da te :
'/lit V1 , 1987
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CONFIRMED. AND ACCEPTED:
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B.L.C. REALTY, INC.
. By: .~~~/
~. {/
CHARLES PASSENTINo~a1 Estate Broker
~~~ !K~r~
~ ~les Passentino
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SCHEDULE OF EXHIBITS
Exhibit A
Subject Property Legal Description
Permitted Exceptions
Exhibit B
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2915B/052887
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EXHIBIT II A"
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LEGAL DESCRIPTION
The Northwest quarter (NW 1/4) of the Southwest quarter (SW L'.n
of the Northwest quarter (NW 1/4); and the Northeast quarter '.;:S
1/4) of the Southwest quarter (SW 1/4) of the Northwest quar:.2=
(NW 1/4); and the Northwest quarter (NW 1/4) of the Southeas~
quarter (SE 1/4) of the Northwest quarter (NW 1/4) of Sectio~
Eignteen (18), Township Forty-Pi'rc (~5-)--.s:::uth. p.:m~c:l Fnt:ty-:-T.::.: se
(43) east, Palm Beach County, Florida.
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2915B/52887p.2
EXHIBIT IIBII
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SCHEDULE OF PERMITTED EXCEPTIONS
1.
Rights of Lake Worth Drainage District as specified in Deed Beok
466, Page 175, Public Records of Falm Beach County, Florida.
Rights of Lake Worth Drainage District as specified in Deed Boo:~
474, Page 477, Public Records of Palm Beach County, Florida.
Rights of Lake Worth Drainage District as specified in Deed Bool{.
498, Page 118, Public Records of Palm Beach County, Florida.
Right of way of Lawrence Road.
2.
3.
4.
5. Taxes for the year 1987 and subsequent years.
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ESCROW AGREEMENT
THIS ESCROW AGREEMENT' ("Escrow Agreement") is' made and
entered into between INTRACOASTAL DEVELOPMENT, INC., a Florida
corporation, 70 South~Congress Avenue, Suite 201, Delray Beac~.
Florida, and BOYNTON NURSERIES, a Florida general partnershl~l
1425 Wilkens Avenue, West Palm Beach, Florida (hereinaft.~;':
referred to as "Principal (s)") Drennen L. Whitmire, Jr. c/o GUNST~~=\~
'YOAKLEY, CRISER & STEWART, whose address is 777 South Flac.L-.=r
Drive, West Palm Beach, Florida 33401 (hereinafter referred t~ ~d
"Escrow Agent".
y,THE.RE"r'" . ...._~...,,...~,...-, I",,) des~ -- &..\....t Esc"o" 1I~......&.. h"'l~ cer"~: ~
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property as described on "Exhibit A" hereto ("Escrowed Propert~,')
pursuant to certain documents described on "Exhibit B" hereto, if
any ("Documents") 1 and
WHEREAS, Escrow Agent has agreed to act as Escrow Agent for
the Escrowed Property on the terms and conditions now about to be
set forth.
NOW, THEREFORE, in consideration of the covenants and
agreements herein set forth and other good and lawful consideration,
the receipt and sufficiency of which is hereby acknOWledged, the
parties hereto, intending to be legally bound, agree as follows:
I. Bscrow
A. Escrow Agent agrees to hold all of the Escrowed
Property in escrow subject to the terms and conditions contained
in this Escrow Agreement and the Documents, if any. The provisions
of this Escrow Agreement' shall control in-the event of any
conflict between the provisions hereof and the provisions of the
Documents, if any.
B. Unless otherwise provided for in this Escrow
Agreement or any addendum hereto, Escrow Agent shall disburse the
Escrowed Property without interest or other accumulation in
value.
c. Escrow Agent shall not be deemed to have knowledge
of any matter or thing unless and until Escrow Agent have actually
received written notice of such matter or thing and Escrow Agent
shall not be charged with any constructive notice whatsoever.
D. 1n the event the Escrowed Property consists in
whole or in part of stocks, bonds or certificates of deposit (or
any other property which may fluctuate in value) Escrow Agent
shall hold in escrow, pursuant to this Escrow Agreement, any
proceeds of the Escrowed Property actually' delivered to Escrow
Agent and realized as a result of splits, calls, redemptions or
otherwise, but shall not be obligated to ascertain the existence
of (or initiate recovery of) such proceeds or to become or remain
informed with respect to the possibility or probability of such
proceeds being realized at any time in the future, or to inform
any Principal (s) or any third party with respect to the nature
and extent of any proceeds realized, except upon the written
request of such party, or to monitor current market values o~ the
Escrowed Property. Further, Escrow Agent shall not be obligated
to proceed with any action or inaction based on information with
respect to market values of the Escrowed Property which Escrow
Agent may in any manner learn, nor shall Escrow Agent be obligated
to inform Principal(s) or any third party with respect to market
values of anyone or more of the Escrowed Property at any time,
Escrow Agent having no duties with respect to investment management
or information, all Principal(s) understanding and intending that
Escrow Agent's responsibilities are purely ministerial in nature.
Any reduction in the market value or othe~ value of the Escrowed
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Property while deposited with Escrow Agent shall be at the sole
risk of Principal(s). .
E. In the event instructions from Principal (s) would
" require Escrow Agent to expend any monie. or to incur any cost,
Escrow Agent shall be entitled to refrain from taking any action
until it receives payment for such costs.
F. Pr incipal (s) acknowledge and agree that nothing .'.ll
this Escrow Agreement shall prohibit Escrow Agent from (1)
.serving in a similar capacity on behalf of others or (2) actir.~
i:l in the c~~~.':"i 4;~p of a ttor ~evs f or one or mo r e P r i nc i oal ( Q \ ,,'
llIconnection with any matter. - ~ ...., ^,-
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:>1 0 ffi ~ A. Escrow Agent agrees to release the Escrowed Propertv
~ III tJ1 in accordance wi th the terms and condi tions set forth in the
.s ~ iBDocuments, if any, and this Escrow Agreement.
]~ ~~ B. In the event Escrow Agent shall be uncertain as to
~ lIl~its duties or rights hereunder or shall receive instructionsF
~~'~ac~aims or demands from any Principal(s) or trom third persoD'
~ w~th respect.to the Escrowed Property or any other sums or thino3
.~~~~Which may be held hereunder, which, in its sole opinion, are In
:r-l +J conf lict with any provision of this Escrow Agreement and/or the
~~ ~6Documents, if any, Escrow Agent shall be entitled to refrain from
~ ~lI.I~taking any action until it shall be directed otherwise in writing
~ ~ ~ ~ by all Principal (s) and said third persons, if any, or by a final
~ ~~order or judgment of a court of competent jurisdiction.
e] ~~ . -
~ J..l'+J'g C. If all or any portion of the Escrowed Property
~ 8 0.. delivered to Escrow Agent is in the form of a check or in any
~+J ~~form other than cash, Escrow Agent shall deposit same as required
!@Obut shall not be liable for the nonpayment thereof nor responsible
,8 +J'.dto enforce collection thereof. If such check or other instrument
. ~ .~~other than cash representing the Escrowed Property is returned to
ro b1:iEscrow Agent unpaid, Escrow Agent shall notify the applicable
..g U) '0' P incipal (s) for further instructions.
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g ~ I. Li~111ty of Bscrow Agent
~ M
~] '2.-1 A. It is agreed that the duties of Escrow Agent are
ID ~~purelY ministerial in nature and shall be expressly limi ted to
~~~ the safekeeping of the Escrowed Property and for the disposition
E~ ~~of same in accordance with the Documents, if any, and this Escrow
Agreement. r Each Principal hereby indemnifies Escrow Agent and
holds it harmless from and against any and all claims, liabilities,
damages, costs, penalties, losses, actions, suits or proceedings
at law or in equity, or any other expenses, fees, or charges of
any character or nature, which it may incur or with which it may
be threatened directly or indirectly arising from or in any way
connected with this Escrow Agreement or which may result from
Escrow Agent following of instructions from Principal(s), and in
connection therewith, indemnifies Escrow Agent against any and
all expenses, including attorneys. fees and the cost of defending
" any action, suit, or proceeding or resisting any claim, whether
or not litigation is instituted. Eacrow Agent ahall be vested
with a lien on all Eacrowed Property held hereunder which is
'! deliverable to Principal (a) unde~ the terms of thia Eacrow
Agreement, for indemnification, attorneya. fees, court costs
" arising from any suit, interpleader or. otherwise, or other
, .'. ' expenaes, fees or charges of any character or nature, which may
" ':.:: be incurred by Eacrow Agent by reaaon of disputes arising between
Principal (a) and/or any third party as to the correct interpretation
of this Escrow Agreement and/or the Documents, if any, and
instructions given to Eacrow Agent hereunder, or otherwise, with
the right of Escrow Agent, regardless of the inatruments aforesaid
and without the necessity of instituting any action, s~it or
II.
Release of Escrowed Property
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~ g.~ ~dditional expenses, fees and. charges shall be fully paid.
\:: t'" -g'n B. It is further agreed that Escrow Agent shall have
8 ~ ~ ~f ri~ht to utilize the services of Gunster, Yeakley, Criser &
.8.ct:;.q ~, P.A. , as its attorneys and
~ 8 ~.g ame ~hall not: affect: or in any way prejudice or limit Escro',.'
.~~ ~ ent s entitlement to reasonable attorneys' fees for the services
o~ such attorneys as set forth in/this Escrow Agreement.
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: ~ ~ : .~ IV. Disputes
~ A. In the eventlEscrow Agent is joined as a party to a
lawsuit by virtue of the fact that it is holding the Escrowed
Property, Escrc~., Agent: shall, at its option, either (1) tender
the Escrowed Property to the registry of the appropriate court or
(2) disburse the Escrowed Property in accordance with the court's
ultimate disposition of the case, and Principal(s) hereby,
jointly and severally, indemnify and hold Escrow Agent harmless
from and against any damages or losses in connection ther ewi th
including, but not limi ted to, reasonable attorneys' fees and
court costs at all trial and appellate l~vels.
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B~' In the event Escrow Agent tenders the Escrowed
Property to the registry of the appropriate court and files an
action of interpleader naming the Principal(s) and any affected
third parties of whom Escrow Agent has received actual notice,
Escrow Agent: shall be released and relieved from any and all
further obligation and liability hereunder or in connection
herewith and Principal(s) hereby, jointly and severally, indemnify
and hold Escrow Agent harmless from and against any damages or
losses arising in connection therewith including, but not limited
to, all costs and expenses incurred by Escrow Agent in connection
with the filing of such action including, but not limited to,
reasonable attorneys' fees and court costs at all trial and
~. appellate levels.
1')
v. Tera of Agreeaent
A. This Escrow Agreement shall remain in effect
unless and until it: is cancelled in any of the following manners:
. 1. Upon written notice given by all Principal (s)
of cancellation of designation of Escrow Agent to act and serve
in said capacity, in which event, cancellation shall take effect
no earlier than twenty (20) days after notice to Escrow Agent of
such cancellation; or
2. Escrow Agent may resign as Escrow Agent at
any time upon' giving notice to Principal(s) of its desire to so
resign; provided, however, that resignation of Escrow Agent shall
take effect: no earlier than ten (10) days after the giving of
notice of resignation; or
3. Upon compliance with all escrow provisions
as set: forth in this Escrow Agreement and in the Documents, if
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any.
B. . In the event Principal (s) fail to agree to a
: .' successor Escrow Agent wi thin the per iod descr ibed hereinabove,
:, Escrow Agent shall have the right to deposit all of the Escrowed
.~.:. Property held hereunder into the registry of an appropriate court
.... :.:j.:: and request: '. judicial determination of the rights between
.,.;;'/ Principal(s), by interpleader or other appropriate action, and
:~~, Principal(a) hereby, jointly and severally, indemnify and hold
. Escrow Agent: harmless from and against any'damages or losses in
connection therewith including, but not limited to, reasonable
. a t tor neys I fees and court costs at all tr ial and appella te
levels. ~
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C. Upon termination of the duties of Escrow "Agent
in either manner set forth in subparagraphs 1 or 2' of Paragraph A
of this Article V, Escrow Agent shall deliver all of the Escrowed
Property to the newly appointed Escrow Agent designated by the
Principal(s), and, except for rights of Escrow Agent specified in
Paragraph A of Article III of this Escrow~Agreement, Escrow Agent
shall not otherwise have the right to wi thhold Escrowed Proper t',
from said newly appointed Escrow Agent. -
I
D. Escrow Agent shall not be bound by any modi fica tion,
cancellation or rescission of this Escrow Agreement unless in.
writing and signed by all Principal(s) and Escrow Agent. In no
s.....ent Shiill any modification of t:his' Escrow Agreement, whic.,
shall affect the rights or duties of Escrow Agent, be bindin9 on
Escrow Agent unless it shall have given its prior written consent.
VI. Notices
I !
All notices, certificates, requests, pemands, mater ials
and other communications hereunder shall be in writing and deemed
to have been duly given (1) upon delivery by hand to the appropriate
. address of each Principal or Escrow Agent as set forth in this
Escrow Agreement or in the Documents, if any, or (2) on the third
business day after mailing by United states registered or certified
mail, return" receipt requested, postage prepaid to such address.
All notices to Escrow Agent shall be addressed to the attorney
signing on behalf of Escrow Agent at the fOllowing address:
Gunster, Yoakley, Criser & Stewar~
777 South Flagler Drive
West Palm Beach, Florida 33401
. i
VII. Choice of Law and Venue
This Escrow Agreement shall be governed by and
construed in accordance wi th the laws of the state of FI or i da.
In the event any action, suit or proceeding is instituted as a
result of any matter or thing affecting this Escrow Agreement,
the parties hereto hereby designate Palm Beach County, Florida,
as the proper jurisdictipn and the venue in which same is to be
instituted.
VIII.
Cumulative Rights
No right, power or remedy conferred upon Escrow Agent
by this Escrow Agreement is exclusive of any vther right, power
or remedy, but each and every such right, power or remedy shall
.be cumulative and concurrent: and shall be in addition to any
other right, power or remedy Escrow Agent may have under the
Escrow Agreement or now or hereafter existing at law, in equity
or by statute, and the exercise of one right, power or remedy by
Escrow Agent shall not be construed or considered as a waiver of
~ny other right, power or remedy.
IX. Binding Agreement
.' ,
This Escrow Agreement sball' be binding upon the
Principal(s) and Escrow Agent and their respective successors and
:;. assigns.
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x. . Bscrow Agent Fees
Escrow Agent' shall receive for its services in
.,'1;: accepting this escrow the sum of (not applicable) Dollars
,. ($ nfa ) per hour of time involved with respect to this
":-! escrow, plus reimbursement of all costs, which fees and costs the
.,: Principal(s) hereby jointly and severally agree to pay and it is
., hereby understood and agreed that all such fees and costs. shall
. constitute a first lien of the Escrowed property hereunder.. .
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IN WITNESS WHEREOF, the parties he~et~ have
presents to be executed this + day of '-.J t..., '-"
Signed, Sealed and Delivered
in the Presence of:
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(CORPORATE SEAL)
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cau;3ed these
, 1987.
GUNSTER, YOAKLEY, auSER , STEWART
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PRINCIPAL(S):
INC.
Attest:
social security or corporate ~
identif ication number , Y /1 Vof1 ;F-(
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CITRUS GLEN - PHASE II
LEGAL DESCRIPTION
ALL THAT CERTAIN PARCEL OF LAND LYING IN SECTION 18, TWP. 45 SOUTH, RANGE
43 EAST PALM BEACH COUNTY, STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLLOWS:
THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER
(SW1/4) OF THE NORTHWEST QUARTER (NW1/4); AND THE NORTH-
EAST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF
THE NORTHWEST QUARTER (NW1/4); AND THE NORTHWEST QUARTER
(NW1/4) OF THE SOUTHEAST QUARTER (SW1/4) OF THE NORTHWEST
QUARTER (NW1/4) OF SECTION EIGHTEEN (18), TOWNSHIP FORTY-
FIVE (45) SOUTH, RANGE FORTY-THREE (43) EAST, PALM BEACH
COUNTY, FLORIDA.
SUBJECT TO RESTRICTIONS, RESERVATIONS, LIMITATIONS, CONDITIONS, EASEMENTS
AND AGREEMENTS OF RECORD.
CONTAINING 28.82 ACRES, MORE OR LESS.
TOGETHER WITH THAT PORTION OF LAWRENCE ROAD RIGHT OF WAY ABUTTING THE WEST
PROPERTY LINE OF THE SUBJECT PROPERTY.
ALL OF THE ABOVE BEING LOCATED IN PALM BEACH COUNTY, FLORIDA.
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APPLICANT'S CERTIFICATlON
(l) (We) attlnn and certify that (1) (He) understand and will comply h'L.~
the provisions and regulations of Boynton Beach, Florida Zoning Code.
(1) (We) further certify that the above statements or diagrams made on Gny
paper or plans submitted herewith are true to the best of (my) (our) knowlecge
and belief. Further (1) (~'e) understand that this application. attachments..
and fees become part of the Offi ci a 1 Records of Boynton Beach, Flori da
and are not returnable. ~
APPLl CANT IS:
..
Owner
...
Signatu or Applicant.
BY: A an Miller
- ~ ~
Optionee
INTRACOASTAL DEVEWPMENT INC.:"~: . - ",
Type Name of Applicant
Lessee
70 South Congress Ave. ,Ste. 201
Street Address.
Agent
Delray Beach, Florida 33445
Ci,ty and State
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Contract Purchaser
(305) 732-222.0
. (305) 278-1116
.Telephone Number
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O\VN~RS AUTHORIZATION
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U~d~~ the provisions f~~ Volunt~ry A~ne~~t~0~. F10rid~ 5t~tute5 require th~~
a petition for annexation must bear the signatures of all owners of propert~
in an area to be annexed. The authority authorizing a person other than the
,owner to sign such a petition must be attached to and accompany such petition.
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BOYNTON NURSERIES
:t>
S' nature of Ow~er(s) of
Y:James D. Sturrock,
BOYNTON NURSERIES
Type Name of Owner(s)
...
i425 Wilkins 'Avenue
Street Address
West Palm Beach, FL, 33401
City and State
(305) 655-'5'900'
Telephone Number
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INTRACOASTAL DEVELOPMENT :NC.
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SignatureLof Applicant
BY: Alan Miller
INTRACOASTAL DEVELOPMENT INC
Type Name of Applicant
70 S. Congress Ave., Ste 201
Street Mdress
Delray Beach, FL J3445
Ci ty and State
737-2220
278-1116
Telephone Number
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APPLICANT'S CERTfFIGATION
(1) (We) affinn and certify that (1) (We) understand and will comply with
the prev; s1 ons and regul ations of Boynton Beach. Flori da Zon lng Code.
(1) (We) further certify that the above statements or diagrams made on any
paper or plans submitted herewith are true to the best of (my) (our) knowledge
and belief. Further (1) (We) understand that this application. attachments.
and fees become part of the Official Records of Boynton Beach. Florida
and are not returnable. ..,
APPLICANT IS:
...
Owner
~
Signatu or Applicant.
BY: A an Miller
Opti onee
:....
INTRACOASTAL DEVELOPMENT INC.:.:.: . . ..
Type Name of Applicant
Lessee
70 South Congress Ave. ,Ste. 201
Street Address.
Agent
Delray Beach, Florida 33445
Ci.ty and State
x
Contract Purchaser
(305) 732-2~2.o
(305) 278-1116
.Telephone Number
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BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM'
NOTE: This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Dept.
PROJECT NAME:
(1)
AGENT'S NAME:
ADDRE~P (2
PHONE:
OWNER I S NAME:
(or trustee's)
ADDRESS:
PHONE
CITRUS GLEN, PHASE II
Michael D. Gordon c/o Boose, Casey, Ciklin, et al
515 N. Fla ler Dr. Ste 1900
e.st. a mR eac J..I l' E' I
~nrlCO OSSl ~ 0 ROSSl Ma avaSl nglneers, nc.
Forum III - Fourth Floor
1675 Palm Beach Lakes Blvd.
West Palm Beach, FL 33401
832-5900 (Boose,Casey, Ciklin, et al)
689-0554 (Rossi & Malavasi Engineers Inc.)
BOYNTON NURSERIES
.
1425 Wilkins Avenue
West Palm Beach, Florida
(~n!')) 655-5900
PROJECT LOCATION: Lawrence Road,South of Whispering Pines Mobile Hom4
(not legal description) and contiguous to "CITRUS GLEN, PHASE I"Park
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
* This is the address to which all agendas, letters and other
materials will be forwarded.
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CITY OF BOYNTON BEACH. FLOHIDA
APPLICA 'II ON FOR ANNEX^ TION
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l! DATE APPLICATION FILED:
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:j DATE OF TENT A TIVE APPROVAL:
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Ii D1\TE OF COl\lPLETION Oli' ANNEXATION REPORT:
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:; DATE OF ORDINANCE ADOPTION:
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! DO NOT WRITE ABOVE THIS LINE
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REJECTION:
ORDINA NCE #
REJECTION:
AGAINST
FOR DEPARTMENTAL USE ONLY
GENERAL DATA
Name of Developer/Owner: INTRACOASTAL DEVELOPMENT INC.
Sq. Ft. or
28.82
Acres
I Area of Subject Property: ,
'I Estimated Present Population: (Existing Orange Grove)
I 5 ACRES
: Existing Zoning: ~AR(Pa1m Beach County) Density ALLowed: 1 d. u. per ~ex
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i Proposed Zoning: PUD
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11\' EXISTING UTILITIES
! 'Water: City of Boynton Beach'
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Density Allowed:
4.82
. d. u. 's/acre
'Wastewater Collection:
City of Boynton Beach
Solid \Vaste (garbage):
City of Boynton Beach
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STA TE::\IENT OF USE
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Agricultural
Residential PUD. with density in aCcOrdarice with City
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'I' JUSTIFICA TION
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r Express in your own words why this annexation will be beneficial to Boynton
Beach. FLorida: .
Canprehensive Plan as set forth in Future Land' Use Map; .
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i (1) The subiect property lies within the reserved annexation 'area of the
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City of Boynton Beach, (2) Municipal water and sewer -present'ly' abut. the subject
property, (3) property will be 'developed in 'accordance' with the land use.
densities established by the City of Boynton Beach, and (4) Property is
contiguous to the recently annexed "CITRUS GLEN, PHASE P" developroont., and will
be a s~cond phase of sald developnent.
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EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
DESCRIPTION: All that certain parcel of larid lying in Section 18, TWP. 45 South,
Range 43 East Palm Beach County, State of Florida, rrore particularly described as
follows: . I" . .
The Northwest quarter (NW 1/4) of the Southwest quarter (SW,l/4) of the Northwest
quarter (NW 1/4); and the Northeast quarter (NE 1/4) of the ~outhwest quarter
(SW 1/4) of the Northwest quarter (NW 1/4); and the Northwest quarter (N\\! .1/4)
of the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) OT ;::;ectlon
Eighteen (18), Township Forty-five (45) South, Range Forty-three (43) East, '
Palm Beach County, Florida.
SUBJECT 'lD RESTRICTIONS. RESERVATIONS. LIMITATIONS. CDNDITIONS,' EAsEMENTS 'AND '
AGREEMENTS OF RECDRD.
ront::linine: ?R R2 A("'rA~, rrYlrp or lp~~
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CITRUS GLEN
DRAINAGE COMPUTATIONS
SEPTEMBER, 1987
PREPARED'BY:
ROSSI AND MALAVASI ENGINEERS, INC.
1675 palm Beach Lakes Blvd.
WEST PALM BEACH, FLORIDA 33401-217g
URBAN RETENTION/DETENTION
VOLUME IV APPENDIX 3
MINIMUM REQUIREMENTS FOR WET DETENTION
IMPERVIOUS AREA
DETENTION REQUIRED
PROJECT AREA
DETENTION REQUIRED
39 %
0.975 INCHES/UNIT AREA
82.600 ACRES
6.711 ACRE FEET
CALCULATIONS FOR BLEED-DOWN DEVICE
V - NOTCH TYPE
RETENTION VOLUME
CONTROL ELEVATION
WEIR CREST ELEVATION
TOTAL HEAD
V - NOTCH ANGLE
6.70 ACRE FEET
12.70 FEET NGVD
13.40 FEET NGVD
0.70 FEET
152.06 DEGREES
POTENTIAL SOIL ABSTRACTION .1
AVERAGE POST DEVELOPMENT PERVIOUS GROUND ELEVATION
WET SEASON GROUNDWATER ELEVATION
DEPTH TO WATER TABLE
TOTAL PROJECT AREA
PERVIOUS AREA
COMPACTION FACTOR = 25 %
16.10
12.70
3.40
82.60
42.23
FEET NGVD
FEET NGVD
FEET
ACRES
ACRES
S = (.75) (DEPTH TO GROUND WATER) (PERVIOUS AREA) I (TOTAL PROJECT AREA:
POTENTIAL SOIL ABSTRACTION = 3.190 INCHES
PROJECT NAME:
CITRUS GLEN
**OUTFALL STRUCTURE RATING**
V-NOTCH ANGLE
V-NOTCH INVERT ELEVATION
WEIR LENGTH
NUMI3ER OF WE IRS
WEIR CREST ELEVATION
OUTFALL PIPE LENGTH
OUTFALL PIPE DIAMETER
MANNING!S )N)
NUMBER OF CULVERTS
PEAK TAILWATER ELEVATION
110.00 DEGREES
12.70 FEET
0.00 INCHES
1.0
13.50 FEET
200.00 FEET
24.0 INCHES
0.024
1.0
12.70 FEET
STATIC LAKE ELEVATION
12.70 FEET
STAGE WEIR PIPE RATING
(FEET) (CFS) (CFS) (CFS)
12.70 0.00 0.00 0.00
13.20 0.63 5.55 0.63
13.50 2.27 7.02 2.27
13.70 3.00 7.85 3.00
14.20 4.31 9.61 4.31
14.70 5.31 11.10 5.31
15.20 6.15 12.41 6.15
15.70 6.89 13.59 6.89
16.20 7.56 14.68 7.56
16.70 8.17 15.70 8.17
17.20 8.74 16.65 8.74
17.70 9.27 17.55 9.27
18.20 9.78 18.41 9.78
PROJECT NAME: CITRUS GLEN
**STAGE - CUMULATIVE STORAGE CALCULATIONS**
VERTICAL STORAGE AREAS
AREA NUMBER - 1
STORAGE AREA
STARTING STORAGE ELEVATION
LINEAR STORAGE AREAS
AREA NUMBER - 1
STORAGE AREA
LINEAR STORAGE FROM ELEV
VERTICAL STORAGE FROM ELEV
AREA NUMBER - 2
STORAGE AREA
LINEAR STORAGE FROM ELEV
VERTICAL STORAGE FROM ELEV
8.17 ACRES
12.70 FEET
3.50 ACRES
12.70 FEET TO ELEV 15.20 FEET
15.20 FEET ON UP
59.26 ACRES
15.20 FEET TO ELEV 17.00 FEET
17.00 FEET ON UP
STORAGE (A-F)
VERT. LIN. LIN.
STAGE AREA AREA AREA TOTAL
(FEET) 1 1 2 (A-F)
12.70 0.0 0.0 0.0 0.0
13.20 4.1 0.2 0.0 4.3
13.50 6.5 0.4 0.0 7.0
13.70 8.2 0.7 0.0 8.9
14.20 12.3 1.6 0.0 13.8
14.70 16.3 2.8 0.0 19.1
15.20 20.4 4.4 0.0 24.8
15.70 24.5 6.1 4.1 34.8
16.20 28.6 7.9 16.5 52.9
16.70 32.7 9.6 37.0 79.3
17.20 36.8 11.4 65.2 113.3
17.70 40.9 13.1 94.8 148.8
18.20 44.9 14.9 124.4 184.3
PROJECT NAME: CITRUS GLEN
*** SCS RUNOFF & FLOOD ROUTING
3
YEAR STORM
RAINFALL = 6.5 INCHES 24 HOUR DURATION STORM
TIME RAIN RUNOFF RUNOFF
HR 1 N IN AF
IN~LOW TOT Q DISCH
AF AF CFS
STOR STAGE
AF FT
0.00 0.00 0.00 0.00 0.00 0.0 0.0 I 0.0 12.70
5.00 0.40 0.00 0.00 0.00 0.0 0.0 0.0 12.70
10.00 1. 38 0.14 0.97 0.00 1.0 0.1 0.9 12.81
10.50 1.54 0.20 1. 37 0.00 1.4 0.2 1.3 12.86
11. 00 1. 75 0.29 1. 97 0.00 2.0 0.3 1.9 12.93
11.25 1. 91 0.36 2.50 0.00 2.5 0.4 2.4 12.99
11.50 2.07 0.45 3.07 0.00 3.1 0.4 3.0 13.05
11.75 3.17 1.12 7.72 0.00 7.7 2.5 7.6 13.57
12.00 4.26 1.93 13.28 0.00 13.3 4.1 13.1 14.13
12.25 4.50 2.11 14.55 0.00 14.5 4.4 14.3 14.24
12.50 4.74 2.31 15.88 0.00 15.9 4.6 15.5 14.36
12.75 4.86 2.41 16.57 0.00 16.6 4.7 16.1 14.42
13.00 4.99 2.51 17.26 0.00 17.3 4.9 16.7 14.47
13.50 5.17 2.66 18.29 0.00 18.3 5.0 17.6 14.55
14.00 5.32 2.78 19.15 0.00 19.2 5.1 18.2 14.61
16.00 5.72 3.12 21.49 0.00 21.5 5.4 19.7 14.75
19.00 6.07 3.42 23.56 0.00 23.6 5.5 20.4 14.81
24.00 6.50 3.80 26.13 0.00 26.1 5.5 20.7 14.84
PROJECT NAME: CITRUS GLEN
*** SCS RUNOFF & FLOOD ROUTING
25
YEAR STORM
RAINFALL = 12.0 INCHES 3 DAY DURATION STORM
TIME RAIN RUNOFF RUNOFF
HR I N IN AF
INFLOW TOT Q DISCH
AF AF CFS
STOR STAGE
AF FT
0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 12.70
12.00 0.88 0.02 0.11 0.00 0.1 0.0 0.1 12.71
24.00 1. 75 0.29 1. 98 0.00 2.0 0.3 1.8 12.92
36.00 3.02 1. 02 7.03 0.00 7.0 1.6 5.9 13.38
48.00 4.31 1. 96 13.51 0.00 13.5 3.3 10.0 13.81
53.00 5.05 2.56 17.64 0.00 17.6 4.0 12.6 14.08
58.00 6.86 4.12 28.34 0.00 28.3 5.6 21. 3 14.89
58.50 7.15 4.37 30.10 0.00 30.1 5.9 22.8 15.03
59.00 7.54 4.72 32.47 0.00 32.5 6.2 25.0 15.21
59.25 7.84 4.99 34.33 0.00 34.3 6.3 26.7 15.29
59.50 8.14 5.26 36.21 0.00 36.2 6.4 28.4 15.38
59.75 10.16 7.14 49.12 0.00 49.1 7.1 ;41.2 15.88
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60.00 12.18 9.04 62.24 0.00 62.2 7.6 54.2 16.22
60.25 12.62 9.47 65.16 0.00 65.2 7.6 56.9 16.28
60.50 13.06 9.88 68.01 0.00 68.0 7.7 59.6 16.33
60.75 13.28 10.10 69.51 0.00 69.5 7.7 61.0 16.35
61.00 13.51 10.32 71.02 0.00 71.0 7.8 62.3 16.38
61.50 13.85 10.64 73.24 0.00 73.2 7.8 64.2 16.41
62.00 14.12 10.91 75.07 0.00 75.1 7.9 65.7 16.44
67.00 15.52 12.25 84.33 0.00 84.3 8.0 71.7 16.56
72.00 16.31 13.02 89.62 0.00 89.6 8.0 73.7 16.59
PROJECT NAME: CITRUS GLEN
*** SCS RUNOFF ~ FLOOD ROUTING
100
YEAR STORM
RAINFALL = 16.0 INCHES 3 DAY DURATION STORM
TIME RAIN RUNOFF RUNOFF
HR 1 N IN AF
INFLOW TOT Q DISCH
AF AF CFS
STOR STAGE
AF FT
0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 12.70
12.00 1. 17 0.08 0.52 0.00 0.5 0.0 0.5 12.76
24.00 2.34 0.59 4.06 0.00 4.1 0.0 4.1 13.18
36.00 4.03 1. 75 12.04 0.00 12.0 0.0 12.0 14.02,
48.00 5.74 3.14 21.63 0.00 21.6 0.0 21.6 14.92
53.00 6.74 4.00 27.56 0.00 27.6 0.0 27.6 15.34
58.00 9.15 6.19 42.63 0.00 42.6 0.0 42.6 15.92
58.50 9.54 6.55 45.08 0.00 45.1 0.0 45.1 15.98
59.00 10.05 7.03 48.37 0.00 48.4 0.0 48.4 16.07
59.25 10.45 7.40 50.96 0.00 51.0 0.0 51.0 16.15
59.50 10.85 7.78 53.55 0.00 53.5 0.0 53.5 16.21
59.75 13.55 10.36 . 71.28 0.00 71.3 0.0 71.3 16.55
60.00 16.24 12.95 89.16 0.00 89.2 0.0 89.2 16.84
60.25 16.83 13.53 93.12 0.00 93.1 0.0 93.1 16.90
60.50 17.41 14.09 96.99 0.00 97.0 0.0 97.0 16.96
60.75 17.71 14.39 99.02 0.00 99.0 0.0 99.0 16.99
61.00 18.02 14.68 101. 07 0.00 101.1 0.0 101.1 17.02
61. 50 18.46 15.12 104.08 0.00 104.1 0.0 104.1 17.06
62.00 18.83 15.48 106.55 0.00 106.6 0.0 106.6 17.10
67.00 20.69 17.30 119.07 0.00 119.1 0.0 119.1 17.28
72.00 21.74 18.33 126.20 0.00 126.2 0.0 126.2 17.38
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PROJECT NAME: CITRUS GLEN (53 AC.)
PRELIMINARY DRAINAGE STUDY
ALTERNATE DESIGN
WITH L.W.D.D. CONTROL RELOCATED
Prepared by: ROSSI AND MALAVASI ENGINEERS, INC.
Date: March 23, 1987
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PROJECT NAME:CITRUS GLEN
AREA
= 53 ACRES
<:::~.IIlr~e>L.
GROUND STORAGE
= 3.599 INCHES
100 YEAR RAINFALL
= 21,7 INCHES
100 YEAR FLOOD STAGE
= 18.15 FEET
STAGE STORAGE DISCHARGE
13.50 0.00 0.00
14.00 2.44 0.44
14.25 3.74 1.35
14.50 5.10 1. 91
15.00 7.97 2.70
15.50 11. 05 3.31
lb.Oo lb .13 3.82
lb.50 24.97 4.27
17.00 37.48 4:b8
17.50 53.54 5."05
18.00 73.1b 5.40
18.50 95.88 5.73
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PROJECT NAME:
CITRUS GLEN
**OUTFALL STRUCTURE RATING**
V-NOTCH ANGLE
V-NOTCH INVERT ELEVATION
WEIR LENGTH
NUMBER OF WEIRS
WEIR CREST ELEVATION
OUTFALL PIPE LENGTH
OUTFALL PIPE DIAMETER
MANNING)S JNJ
NUMBER OF CULVERTS
PEAK TAILWATER ELEVATION
90.00 DEGREES
13.50 FEET
0.00 INCHES
1.0
14.25 FEET
200.00 FEET
24.0 INCHES
0.024
1.0
13.50 FEET
STATIC LAKE ELEVATION
13.50 FEET
STAGE WEIR PIPE RATING
(FEET) (CFS) (CFS) (CFS)
13.50 0.00 0.00 0.00
14.00 0.44 5.55 0.44
14.25 1.35 6.80 1.35
14.50 1. 91 7.85 1. 91
15.00 2.70 9.61 2.70
15.50 3.31 11.10 3.31
16.00 3.82 12.41 3.82
16.50 4.27 13.59 4.27
17.00 4.68 14.68 4.68
17.50 5.05 15.70 5.05
18.00 5.40 16.65 5.40
18.50 5.73 17.55 5.73
PROJECT NAME: CITRUS GLEN
VERTICAL STORAGE AREAS
**STAGE - CUMULATIVE STORAGE CALCULATIONS**
AREA NUMBER - 1
STORAGE AREA
'STARTING STORAGE ELEVATION
LINEAR STORAGE AREAS
AREA NUMBER - 1
STORAGE AREA
LINEAR STORAGE FROM ELEV
VERTICAL STORAGE FROM ELEV
AREA NUMBER - 2
STORAGE AREA
LINEAR STORAGE FROM ELEV
VERTICAL STORAGE FROM ELEV
4.67 ACRES
13.50 FEET
2.57 ACRES
13.50 FEET TO ELEV 16.50 FEET'
16.50 FEET ON UP
39.10 ACRES
15.50 FEET TO ELEV 18.25 FEET
18.25 FEET ON UP
STORAGE (A-F)
VERT. LIN. LIN.
STAGE AREA AREA AREA TOTAL
(FEET) 1 1 2 (A-F)
13.50 0.0 0.0 0.0 0.0
14.00 2.3 0.1 0.0 2.4
14.25 3.5 0.2 0.0 3.7
14.50 4.7 0.4 0.0 5.1
15.00 7.0 1.0 0.0 8.0
15.50 9.3 1.7 0.0 11.1
16.00 11.7 2.7 1.8 16.1
16.50 14.0 3.9 7.1 25.0
17.00 16.3 5.1 16.0 37.5
17.50 18.7 6.4 28.4 53.5
18.00 21.0 7.7 44.4 73.2
18.50 23.4 9.0 63.5 95.9
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PROJECT NAME: CITRUS GLEN
*** SCS RUNOFF & FLOOD ROUTING
3
YEAR STORM
RAINFALL = 6.5 INCHES 24 HOUR DURATION STORM
TIME RAIN RUNOFF RUNOFF
HR IN IN AF
INFLOW TOT Q DISCH
AF AF CFS
STOR STAGE
AF FT
0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 13.50
5.00 0.40 0.00 0.00 0.00 0.0 0.0 0.0 13.50
10.00 1.38 0.10 0.46 0.00 0.5 0.1 0.4 13.59
10.50 1.54 0.15 0.67 0.00 0.7 0.1 0.7 13.63
11.00 1. 75 0.23 1. 01 0.00 1.0 0.2 1.0 13.70
11.25 1. 91 0.30 1. 31 0.00 1.3 0.2 1.3 13.76
11.50 2.07 0.37 1.63 0.00 1.6 0.3 1.61 13.83
11.75 3.17 0.99 4.39 0.00 4.4 1.6 4.3 14.36
12.00 4.26 1. 76 7.77 0.00 7.8 2.6 7.7 14.95
12.25 4.50 1.93 8.55 0.00 8.5 2.8 8.4 15.07
12.50 4.74 2.12 9.361 0.00 9.4 2.9 9.1 15.19
I
12.75 4.86 2.22 9.79 0.00 9.8 3.0 9.5 15.25
13.00 4.99 2.31 10.22 0.00 10.2 3.1 9.9 15.31
13.50 5.17 2.461 10.861 0.00 10.9 3.2 10.4 15.39
14.00 5.32 2.58 11.39 0.00 11.4 3.3 10.8 15.461
16.00 5.72 2.91 12.84 0.00 12.8 3.4 11.7 15.56
19.00 61.07 3.20 14.13 0.00 14.1 3.4 12.1 15.61
24.00 6.50 3.56 15.73 0.00 15.7 3.4 12.3 15.63
. .
PROJECT NAME: CITRUS GLEN
*** SCS RUNOFF & FLOOD ROUTING
25
YEAR STORM
RAINFALL = 12;0 INCHES 3 DAY DURATION STORM
TIME RAIN RUNOFF RUNOFF
HR IN IN AF
INFLOW TOT Q DISCH
AF AF CFS
STOR STAGE
AF FT
0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 13.50
12.00 0.88 0.01 0.03 0.00 0.0 0.0 0.0 13.51
24.00 1.75 0.23 1. 02 0.00 1.0 0.2 0.9 13.69
36.00 3.02 0.90 3.97 0.00 4.0 1.0 3.3 14.16
48.00 4.31 1. 79 7.91 0.00 7.9 2.1 5.7 14.60
53.00 5.05 2.37 10.45 0.00 10.5 2.5 7.3 14.88
58.00 6.86 3.87 17.11 0.00 17.1 3.5 12.7 15.66
58.50 7.15 4.12 18.22 0.00 18.2 3.6 13.7 15.76
59.00 7.54 4.46 19.70 0.00 19.7 3.7 15.0 15.89
59.25 7.84 4.73 20.87 0.00 20.9 3.8 16.1 16.00
59.50 8.14 4.99 22.05 0.00 22.1 3.9 17.2 16.06
59.75 10.16 6.84 30.20 0.00 30.2 4.3 25.3 16.51
60.00 12.18 8.72 38.52 0.00 38.5 4.5 33.5 16.84 .
60.25 12.62 9.14 40.37 0.00 40.4 4.6 35.2 16.91 .
60.50 13.06 9.55 42.18 0.00 42.2 4.7 37.0 16.98
60.75 13.28 9.77 43.14 0.00 43.1 4.7 37.8 17.01
61.00 13.51 9.98 44.09 0.00 44.1 4.7 38.7 17.04
61.50 13.85 10.30 45.51 0.00 45.5 4.7 39.9 17.08
62.00 14.12 10.57 46.67 0.00 46.7 4.8 40.9 17.11
67.00 15.52 11.90 52.56 0.00 52.6 4.8 44.8 17.23
72.00 16.31 12.66 55.93 0.00 55.9 4.9 46.1 17.27
. .
POTENTIAL SOIL ABSTRACTION
AVERAGE POST DEVELOPMENT PERVIOUS GROUND ELEVATION
WET SEASON GROUNDWATER ELEVATION
DEPTH TO WATER TABLE
TOTAL PROJECT AREA
PERVIOUS AREA
COMPACTION FACTOR - 25 %
16.88
13.50
3.38
53.00
30.97
FEET NGVD
FEET NGVD
FEET
ACRES
ACRES
S = (.75) (DEPTH TO GROUND WATER) (PERVIOUS AREA) I (TOTAL PROJECT AREA)
POTENTIAL SOIL ABSTRACTION = 3.599 INCHES
. .
URBAN RE~ENTION/DETENTION
VOLUME IV APPENDIX 3
MINIMUM REQUIREMENTS FOR WET DETENTION
IMPERVIOUS AREA
DETENTION REQUIRED
PROJECT AREA
DETENTION REQUIRED
32 . 75 r.
0.819 INCHES/UNIT AREA
53.000 ACRES
3.b1b ACRE FEET
CALCULATIONS FOR BLEED-DOWN DEVICE
V - NOTCH TYPE
RETENTION VOLUME
CONTROL ELEVATION
WEIR CREST ELEVATION
TOTAL HEAD
V - NOTCH ANGLE
3.62 ACRE FEET
13.50 FEET NGVD
14.25 FEET NGVD
0.75 FEET
122.59 DEGREES
SOILS
- ~CON~ETE
ASPHAL T
MA TERIALS INSPECTION
BY JM
DATE
CK. BY_DATE
TESTING LAB
OF THE
PALM BEACHES INC.
9/29/87 SUBJECT Auger Survey for two parcels
of land East of Lawrence Road
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421 SO "Hit ST
LAKE WORTH, FLA 33460
SHEET NO. OF____
JOB NO. 87/84-4TL
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TESTING -'- AB OF THE PALM BEAC"'.1...4ES. INC.
P.O. BOX 211
421 SOUTH H STREET
LAKE WORTH, FLORIDA 33460
585-7515
PAGE - 2
ASPHALT. . . CONCRETE. . . MATERIALS
Auger Borings for Rossi & Malavasi, Engineers
Job No: 87/84-4TL
Project location: North Parcel - Lawrence Road,
* mile South of. Hypoluxo Road,_ ... .:_ ~;-r-
C { 1 I <...u S Cd..E.J-1 - 1./1 J /J.5 L jJ-
Sampled by: PVW & LL
Date: 9/23/87
LOCATION
#A-l
DEPTH
0'-,'
,'-2,'
2,'-6'
6'-8!'
8!'-10'
DESCRIPTION
Brown medium fine sand
Very light brown medium fine sand
Brown medium fine sand
Light brown medium fine sand
Light brown medium fine sand with
shell fragments
Water table = 4'6"
#A-2
0'-1'
Dark brown medium fine sand with
trace of roots
Very light brown medium fine sand
Brown medium fine sand
Very light brown medium fine sand
Light brown medium fine sand
1'- -3! '
3!'-6'
6'-8!'
8!'-10'
Water table = 5'
#A-3
0'-,'
Dark brown medium fine sand with
trace of roots
Brown medium fine sand
Very light brown medium fine sand
Brown medium fine sand
Very light brown medium fine sand
Light brown medium fine sand
!'-l'
1'-4'
4'-6'
6'-9'
9'-10'
Water table = 4'8"
NOTE:
These auger boring tests are representative of and apply only to the particular and
exact location of the borings.
;0'-:'..
5
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S
TESTING ....AS OF THE PALM SEAc...1ES. INC.
P.O. BOX 211
421 SOUTH H STREET
LAKE WORTH, FLORIDA 33460
6B6.7&1&
P AG E - I
ASPHALT, . . CONCRETE. . . MATERIALS
Auger Borings for Rossi & Ma1avasi. Engineers
Project location: South Parcel c.. S.3 4Q... ) L"r-I2.~J C:Lev
Job No: 87/84-1TL
Date:
3/17/87
Sampled by: DJ
LOCATION
#A-1 - Per location plan
DEPTH
0'-1'
1'-6'
6'-10'
DESCRIPTION
Gray medium fine sand
Light brown medium fine sand
Brown medium fine sand
Water table - l'
#A-2 - Per location plan
0'-6'
6'-10'
Light brown medium fine sand
Brown medium fine sand
Water table = l'
#A-3 - Per location plan
0'_5'
5'-10'
Dark brown medium fine sand
Light brown medium fine sand
Water table = I'
#A-4 - Per location plan
0'-1'
1'-5'
5'-10'
Gray medium fine sand
Light brown medium fine sand
Brown medium fine sand
Water table = 2'
#A-5 - Per location plan
0'-7'
7'-10~,
Light brown medium fine sand
Brown medium fine sand
Water table = 2'
#A-6 - Per location plan
0'-3'
3'_7'
7'-10'
Light brown medium fine sand
Brown medium fine sand
Light brown medium fine sand with
shell
Water table = 2'
NOTE:
These auger boring tests are representative of and apply only to the particular
and exact location of the borings.
sJ
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TESTING _AS OF THE PALM BEAC. .ES. INC.
. P.O. BOX 211
421 SOUTH H STREET
LAKE WORTH, FLORIDA 33480
686.7518
PAGE - 2
ASPHALT, . . CONCRETE. . . MATERIALS
Auger Borings for Rossi & Malavasi. Engineers
Project location: South Parcel (s""3AC. ')
Sampled by: DJ
Job No: 87/84-lTL
Date:
3/17/87
LOCATION
#A-7 - Per location plan
DEPTH
0'-4'
4'-8'
B'-IO'
DESCRIPTION
Light brown medium fine sand
Brown medium fine sand
Light brown medium fine sand
with shell
Water table - 3'
#A-8 - Per location plan
0'-5'
5' -9'
9'-10'
Light brown medium fine sand
Brown medium fine sand
Light brown medium fine sand
with shell
Water table = 3'
#A-9 - Per location plan
0'-1'
1'_4'
4'-9'
9'-10'
Brown medium fine sand
Light brown medium fine sand
Brown medium fine sand
Light brown medium fine sand
with shell
Water table = 3'
#A-lO - Per location plan
0'-3'
3'-8'
8'-10'
Light brown medium fine sand
Brown medium fine sand
Light brown medium fine sand
Water table = 3'
#A-ll - Per location plan
0'-5'
5'-10'
Light brown medium fine sand
Brown medium fine sand with
trace of roots
Water table = 3'
NOTE:
These auger boring test3 are representative of and apply only to the particular
and exact location of the borings.
::\::;:
o
I
L
S
TESTING LAB OF THE PALM BEACHES. INC.
P.o. BOX 211
421 SOUTH H STREET
LAKE WO~TH. FLORIDA 33460
686.76115
PAGE ":'" 3
ASPHALT. . . CONCRETE. . . MATERIALS
Auger Borings for Rossi & Malavasi. Engineers
Project location: South Parcel ($:3 He.) 6rz.uJ G~.l!J'd
Job No: 87/84-1TL
Date:
3/17/87
Sampled by: DJ
LOCATION
#A-12 - Per location plan
DEPTH
0'-2'
2'_6'
6'-10'
DESCRIPTION
Brown medium fine sand
Light brown medium fine sand
Brown medium fine sand
Water table = 2'
#A-13 - Per location plan
0'-2'
2'-4'
4'-8'
8'-10'
Brown medium fine sand
Dark brown medium fine sand
Light brown medium fine sand
Light brown medium fine sand
with shell
#A-14 - Per location plan
0'-5'
5'-10'
Water table = 2'
Light brown medium fine sand
Brown medium fine sand
Water table = 3'
Light brown medium fine sand
Brown medium fine sand
Light brown medium fine sand.
Water table = 3'
#A-15 - Per location plan
0'-4'
4'-8'
8'-10'
#A-16 - Per location plan
0'-2'
2'-4'
4'-7'
7'-10'
Light brown medium fine sand
Brown medium fine sand with roots
Dark brown medium fine sand
Light brown medium fine sand
Water table = 2'
#A-17 - Per location plan
0'-3'
3'-4'
4'-6'
6'-10'
Light brown medium fine sand
Brown medium fine sand
Dark brown medium fine sand
Brown medium fine sand
Water table = 3'
NOTE:
These auger boring tests are representative of and apply only to the particular
and exact location of the borings.
6 r/<v..r &LE~