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CORRESPONDENCE _. I'!' _"_ 4- .- .~c.. f'r' c......... )~ ~~ ~ GOREN, CHEROF, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUITE 200 3099 I!.AST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33308 SAMUEL S. GOREN JAMES A. CHEROF DONALD J. DOODY KERRY L. EZROL MICHAEL O. CIRULLO. JR TELEPHONE (954) 771-4500 FACSIMILE (954) 771.4923 JULIE F. KLAHR LINDSEY A. PAYNE DAVID N. TOLCES MICHAEL J. PAWELCZYK STEVEN L. JOSIAS. 0.. COUNSI!L December 13,2002 VIA FACSIMILE ONLY 561-842-3626 (3000) Nick Bouyoucas, Esq. Ward, Damon & Posner, P.A. 4420 Beacon Circle - West Palm Beach, FL 33407 RE: Medical Arts Professional Center, Ltd. Dear Nick: This shall confirm our telephone conversation of December II, 2002, in which you indicated that once you have heard from your client you would be contacting me to assist in making arrangements for a meeting amongst your clients, appropriate members of the City Staff and respective legal counsel. This matter concerns your request to amend the Declaration of Covenants, Stipulation and Settlement Agreement on Case No. CL-89-6178-AN, and the Development Order for Alhambra Square Properties to provide that the existing buffer hedge shall not be removed. I look forward to working with you in order to review what needs to be done to accomplish the purpose outlined in Mr. Damon's letter of September 23, 2002. Finally, please be advised that any amendment to the Development Order and the Stipulation and Settlement, is, of course, subject to the approval of the City Commission. DEe 2 6 2002 - - -- ,-~, ~ December 13, 2002 Page Two Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me. MJP:kvb cc: Kurt Bressner, City Manager Quintus Greene, Director (Development/Department of Administration) Mike Rumpf, Director (planning & Zoning) James A. Cherof, City Attorney H:\1990\900182.BBILEITERlJlouyoucas, Nick (Mcd Arts ProfCntr) Itr1.doc 100 'E. 'Boynton 'BuJch 'Boukfltlrtf P.O. 'Bo'l;,31O 'Boynton 'B=~ %nitfa 33425-0310 City 1iaU: (4Q7) 375-6Q()() ~JlX: (4Q7) 375-6090 June 23, 1995 Mr. Norman Michael Milnor Corp. 1337 N. Dixie Highway Lake Worth, Florida 33460 Subject: Concurrency Status of Milnor Property - Southeast Corner of Congress Avenue and Golf Road Dear Mr. Michael: As requested by Chris cutro, of cutro and Associates, Inc. this l~tter is to provide the concurrency status of the Milnor property loc~ted at the southeast corner of S. Congr~ss Avenue and Golf Road, also known as Alhambra Square South. In accordance with Chapter 1.5, Article VI, concurrency Requirements (within the City's Land Development Regulations), the subject property is classified "A-22", and is therefore exempt from any concurrency review. This concurrency status is contingent upon development being consistent with the court ordered Stipulation and Settlement Agreement, and is valid as long as the court order remains in effect. If you have any questions or are in need of clarification, please contact this office at (407) 37-6260. ~ Sincerely, ~Z7C /~ Michael W. Rumpf Senior planner MWR: al-W xc: Chris Cutro, President cutro and Associates 2 Oakwood Boulevard, Suite 120 Hollywood, Florida 33020 MISCX:KICHA!L.6l3 JImeric.a's (jateway to tM (jul/stream "Slnce 194 1\ 100 South Federal Highway Boynton Beach, Florida 33435 Tel. (407) 732-9747 elf J7 '11/ ~ _<y.;tj r ~ ~ /1rv- ~ UfL 1Jo.JL ~r a ~J,~~^e ;ek ~~ {Afe ~p ~~ J hh~ ~ t/h --:-.tfL ;!f;;.? I/I'<-L~ jth~f ~. -to /!A2f ~~ ::; Y;;:M' ~wY- ~ 00 ~~~:~ill ANY INFORMA T\ON GIVEN HEREWITH IS 08T AINED FROM SOURCES WE CONSIDER RELIABLE.. HOWEVER, WE ARE NOT RESPONSIBLE FOR MIS-STATEMENT OF FACTS. ERRORS, OMISSION, PRIOR SALE, WITHDRAWAL FROM MARKET OR CHANGE IN PRICE WITHOUT NCTICE. ~ - Boynton ~ 1807 SW. 18th Street Boynton Beach, FL 33426 (407) 732-2307 July 25, 1994 Mayor Ed Harmening City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear May Harmening: On July 14, 1994, the Board of Directors of Boynton Leisurevi1le Community Association met with Mr. Norman Michael and his associates to discuss the development of the parcel of land located at the cor- ner of Congress Avenue and 23rd Avenue/Golf Road, here in our area of Boynton Beach. The proposed development will be for two one-story buildings. One will be a Walgreen Pharmacy, and the other Medical Offices. As far as we are concerned, this confirms with the zoning of the pro- perty. On July 21, 1994, the Board of Directors, the homeowners abuting the property, Mr. Michael and his associates met again to discuss this development. At this time, Mr. Michael made concessions to the Board and the homeowners concerning the Landscaping, the Lighting, the Dump- sters, the operating hours of the pharmacy, height of the building, the clearing of the lot, and will provide a legal document stipulating these concessions, a copy of which will be sent to us, the City Commi- sion and staff. It is the consensus of all concerned, the Directors, and Home- owners alike, that this development will be acceptable to all concerned. I, therefore, hope that when this is presented to you, the Commission members and staff, that yOU will look favorably on allowing this pro- ject to go forward. Very truly yours, WJL: sr CC: City Manager Commissioners (4) Norman Michael Chris Cutro ~:~$;:L""" Wilbur J. Lynch, President INC. CITY of BOYNTON BEACH @. . "f.;' ." 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, florida 33435.0310 (407) 734-8111 OFFICE OF THE CITY ATTORNEY (407) 738-7405 June 26, 1991 Peggy L. Carry, Esq. Law Office of Robert A. Eisen Suite 103, Corporate Plaza 4700 Northwest Boca Raton Boulevard Boca Raton, FL 33431 Re: Declaration of Covenants and Restrictions for Alhambra Square Dear Peggy: Enclosed is a Memo I received from Tambri J. Heyden, Senior Planner, dated June 25, 1991, which I believe is self-explanatory. Would you please review this matter and get back to me with your comments at your earliest opportunity. I appreciate your assistance. Sincerely, Jay D. Mussman Assistant City Attorney JDM/ras Ene. cc: J. Scott Miller Chris Cutro, City Planner Tambri J. Heyden, Senior Planner RECEIVED JUN 26 PLANNII~G DEPT. 1 -' - , LAW OF"F"ICES OF" ROBERT A. EISEN SUITE 103. CORF>ORATE PLAZA 4700 NORTHWEST BOCA RATeN BOULEVARD BOCA RATON. FLORIDA 30401 ROBERT A. EISEN PEGGY L.. CARRY THOMAS A. BERGER BOCA RATON (407) 994.2090 WEST PALM BEACH (407) 738-0388 BROWARO(305) 760'9088 "-AX (407) 241-1510 MARK A. RIGAU . . PLANNING CONSULTANT May 10, 1991 Jay D. Mussman, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd., suite 200 Ft. Lauderdale, Florida 33308 Re: Declaration of Covenants and Restrictions for Alhambra Square Dear Jay: Enclosed herewith please find photocopy of executed final version of Declaration of Covenants and Restrictions for Alhambra square. You will note that the legal description has been changed, as previously communicated to you, to make allowance for the strip of land conveyed previously to the Brandts and also to reflect the cuI de sac being placed at a different direction on the approved site plan than what was originally proposed. I have also enclosed for your review a survey of the property reflecting the legal description as shown on the Declaration of Covenants and Restrictions. This should aid you in your review of the enclosure. I understand that the opinion of title you requested will be forthcoming from Michael Listick, Esquire. I have held the original of the Declaration of Covenants and Restrictions in my file and will record same when you have given me final approval to do so. Thank you for your cooperation in this regard. Sincerely yours, Peggy L. Carry PLC/jh Enclosure c: Norman Michael Michael Listick, Esquire d: Itr078. jh DECLARATION OF COVENANTS AND RESTRICTIONS FOR AUfAMBRA .,;SQUARE KNOW ALL MEN BY THESE PRESENTS, that the undersigned Owners of the property described in the attached Exhibit "AIf (the "Lands") on this 1t: day of r1Iay , 1991, for themselves, their successors and assigns, hereby declare that the Lands described herein are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and limitations hereinafter set forth. ARTICLE I RECITALS Section 1. The undersigned Owners have entered into a stipulation and Settlement Agreement with the city of Boynton Beach, Florida for an amendment to the future land use element of the City's Comprehensive Plan and/or rezoning of the Lands as follows: FUTURE LAND USE ELEMENT ZONING Alhambra Sauare North: Alhambra Sauare South: and Alhambra Sauare ACLF: Office Commercial C-1 (office professional) MUlti-Family Residential R-3 (multi- family) ACLF with no less than 248 apartments Section 2. As a condition of said stipulation and Settlement Agreement, the undersigned agree to impose certain developmental limitations upon the use of the Lands. Section 3. It is the express intent of the undersigned to perpetually restrict (except to the extent permitted pursuant to the provisions of Article VIII hereinafter set forth) the use of the Lands for the benefit of the city of Boynton Beach and for persons of record owning adjacent real property to the Lands (the "Property Owners"), and for no other persons, in accordance with the restrictions and limitations set forth herein. The "governing associations," of adjacent real property are as follows: Boynton Beach Leisurevi~le Community Association, Inc., . '-^-. as to the Alhambra Square North parcel, and Golfview Harbour 1 LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, SOCA RATON, F"LO~'OA 33431 BOCA RATON (<<IO?} 994 -2090 . WEST PALM BEACH (40?) 738 -038e . BROWARO (305) 760-9088 Estates Homeowners Association, Inc. and Golfview Harbour ... Estates, Inc., as to the Alhambra Square South and Alhambra square ACLF parcels. ARTICLE II LEGAL DESCRIPTION The lands which are and shall be held, transferred, sold, conveyed and occupied subject to this Declaration are situate in Palm Beach County, Florida, within the city limits of the city of Boynton Beach and are described in Exhibit "A" attached hereto and made a part hereof. ARTICLE III DEVELOPMENTAL LIMITATIONS A. The structure or structures to be built on the Lands shall conform with the following requirements: 1. Alhambra Square North: Height: 2 stories 2. Alhambra Square South and Alhambra Square - ACLF Height: ACLF apartments: Multi apartments: 2 stories 248 as per city zoning B. The following developmental limitations shall apply to Alhambra Square North: (1) No building shall exceed two stories in height; (2) All dumpsters shall be located away from adjacent residential areas; (3) There shall be constructed a six foot zoning boundary wall between Alhambra Square North and adjacent single-family areas. Construction/landscaping of said boundary wall/hedge shall be coordinated with the governing association of the adjacent residential property, and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association, all to be done at no cost to the governing association. Said approval shall be governed by the provisions of Paragraph C. (7) hereinafter set forth; 2 LAW O~F"ICES ROBERT A. EISEN. 4700 NORTHWEST BOCA ~ATON BOULEVARD, SUITE 103, BOCA RATON, FLORIOA 33431 BOCA RATON (~07J 994-2090. WEST PALM BEACH (407) 736-036e . BROWARO (30S) 760-90B8 (4) All lighting in parking areas shall be 'io designed and installed so as not to shine directly in to adjacent residential areas. All lighting in parking areas shall be extinguished at 11:00 P.M.; and C. The following developmental limitations shall apply to Alhambra Square South and Alhambra Square ACLF: (1) No building shall exceed two stories in height; (2) The roof pitch shall not be steeper than 4/12; (3) All dumpsters shall be located away from adjacent residential areas, and the dumpsters shall be located at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF parcels; (4) All lighting in area parking shall be designed and installed so as not to shine directly into adjacent residential areas. Parking lot lighting shall be extinguished at 11:00 P.M. Parking lot lighting poles shall be at the minimum height permitted by the City of Boynton Beach; (5) Use of the subject property shall be limited to an Adult Congregate Living Facility (ACLF); (6) A combination of landscaping and wall (the "Wall") shall be constructed on the south property of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential property, and said approval shall be in accordance with paragraph (7) below. The Wall shall be constructed at no cost to the governing associations; (7) Approval by the governing associations shall not be unreasonably withheld. (8) At such time as building plans are presented to the city of Boynton Beach for permit, copies of the Wall plan and site plan shall be SUbmitted to the governing associations; 3 LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON. F'LORIOA 3343l BOCA RATON (407) 994-ZQ90 . WEST PALM BEACH (407) 738-0368 ~ BROWARD (305) 760-9068 (9) With the exception of landscaping, which the .. Owners agree to install and maintain, no parking spaces or improvements shall be constructed or installed in the Lake Worth Drainage District right-of-way south of the Alhambra Square South and Alhambra Square ACLF parcels: and (10) Deceleration entry lanes shall be provided at each entrance, if deemed necessary by the City of Boynton Beach. ARTICLE IV USES PERMITTED/PROHIBITED: LIMITATIONS ON USE The Future Land Use Element and Zoning of the Alhambra Parcels shall be: Parcel Future Land Use Element Zoninq Alhambra Square North Office Commercial C-l (Office Professional) Alhambra Square South Multi-Family and Alhambra Square ACLF Residential R-3 (Multi-Family) ACLF with no less than 248 apartments ARTICLE V RESTRICTIONS DEEMED COVENANTS These covenants and restrictions shall be deemed covenants running with the Lands for the benefit of all owners of real property adjacent to the land, and for the benefit of owners of real property in the subject parcels and the City of Boynton Beach. These Covenants and Restrictions shall be binding upon the undersigned Owners and their successors and assigns. WITNESSES: OWNERS: ALHAMBRA SQUARE NORTH MILNOR CORPORATION, a Florida corporation ~::"'$~ ~~ an Michael, President ~~:::ktAA~ ALHAMBRA SQUARE SOUTH and ALHAMBRA SQUARE ACLF No2~ '---- . 4 LAW OFFICES ROBERT 4. EISEN. 4700 NORTHWEST BOCA RA.TON BOULEVARD, SUITE 103. BOCA RATON, FLORIDA 33431 BOCA RATON (407) 994.2090 . WEST PALM BEACH (,q07} 73B. 0386 . BROWARO (305) 760' 90e8 ~'!;;~~. ~ 'Il.' ~? ;. JL. /" /t; ~' :1 Cli'h"" 'E. Mich.'- -. ~ STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid, to take acknowledgements, personally appeared NORMAN J. MICHAEL, President of Milnor Corporation, a Florida corporation, and NORMAN J. MICHAEL, individually, well known to me to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official ~eal in the county and State last aforesaid, this ~ day of l2~ , 1991. I ~j ~'hA11 l (JAJ2~ UBLIC M . i . ."TA"V PUBLIC STAT( 0 A Y comm~ss on exp~res: MY COMMISSION EXP. OCT. 7.1994 BOflDED THRU GENtRA~ INS. UND. STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid, to take acknowledgements, personally appeared ELISHKA E. MICHAEL well known to me to be the person described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid, this ~~ day of _~ ~ ' 1991. 0)C<~J1~ L - Noc/c!(~ NOTARY PUBLIC My commission expires: ~t~!C STAn: OF FLORIDA I . ilH UP. OCT. 7,1994 " D f~ ij ~gilr.RAl INS. UNO. . 0: CONDOOO.jh 5 LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST aOCA RATON BOULEVARD, SUITE 103. BOCA RATON, F""LOR10A 33431 BOCA RATON (407) 994 - 2090 . WEST PALM BEACH (407) 738.0386 . eROWARD (305) 760. 90e8 lAW OF"F"ICES OF" ROBERT A. EISEN SUITE 103. CORPORATE PLAZA 4700 NORTHWEST BOCA RAT~N BOULEVARD BOCA RATON, FLORlDA ''''40) ROBERT A. EISEN PEGGY L. CARRY THOMAS A. BERGER BOCA RATON (407) 994-2090 WEST PALM SE:AC'" (407173S-03SS BROWARO (305) 760-g0e8 FAX !407) 241-15)0 MARK A. RIGAU . . PLANNtNG CONSULTANT May 6, 1991 Mr. Norman MiChael 1337 No. Dixie Highway Lake Worth, Florida 33460 Re: Declaration of Covenants and Restrictions Alhambra Square Dear Mr. Michael: Enclosed herewith please find the original of the Declaration of Covenants and Restrictions for Alhambra Square, as revised in accordance with your instructions. You will note that the word "apartments" has been inserted in place of the words "units" and "beds". Also, the legal description has been revised in accordance with the survey prepared by O'Brien, Suiter & O'Brien, Inc. Please execute the document where indicated in the presence of two (2) witnesses and a notary public. The signature of your wife is also required. After execution, return the document to me for forwarding to Attorney Jay Mussman, counsel for the City of Boynton Beach. I trust that Michael Listick is still in the process of preparing the opinion letter previously requested by Mr. Mussman. By copy of this letter, I am sending him the revised legal description and reduced survey of the property so that he may prepare the opinion accordingly. The legal description was changed due to the conveyance to the Brandts and the direction of the cuI de sac being changed in accordance with the approved site plan. PLC/jh Enclosure c: Michael Listick, Esquire Jay Mussman, Esquire D:ltr073 Sinc~ YO? /J~ y 1?frry V~7 DECLARATION OF COVENANTS AND RESTRICrIONS FOR ALHAMBRA SOUARE KNOW ALL MEN BY THESE PRESENTS, that the undersigned Owners of the property described in the attached Exhibit "A" (the "Lands") on this day of 1990, for themselves, their successors and assigns, hereby declare that the Lands described herein are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and limitations hereinafter set forth. ARTICLE I RECITAIS Section 1. The undersigned Owners have entered into a Stipulation and Settlement Agreement with the City of Boynton Beach, Florida for an amendment to the future land use element of the City's comprehensive Plan and/or rezoning of the Lands as follows: FUTURE LAND USE ELEMENT ZONING Alhambra Square North: Alhambra Square South: and Alhambra Square ACLF: Office Commercial C-1 (office professional) Multi-Family Residential R-3 (multi- family) ACLF with no less than 248 units Section 2. As a condition of said Stipulation and Settlement Agreement, the undersigned agree to impose certain developmental limitations upon the use of the Lands. Section 3. It is the express intent of the undersigned to perpetually restrict (except to the extent permitted pursuant to the provisions of Article VIII hereinafter set forth) the use of the Lands for the benefit of the city of Boynton Beach and for l , i , 1 persons of record owning adjacent real property to the Lands (the "Property Owners"), and for no other persons, in accordance with the restrictions and limitations set forth herein. The "governing associations," of adjacent real property are as adjacent to the Alhambra Square North parcel, . and Golfview . ;. , ~ 0'. t~: follows: Boynton Beach Leisureville Community Association, Inc., 1 f LAW O~F"ICES ROBERT A. EISEN. 4700 NORTHWEST aOCA RATON BOULEVARD, SUITE 103, BOCA RATON, FLORIDA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388. BROWARO (305) 760-9088 Harbour Estates Homeowners Association, Inc. and Golfview Harbour Estates, Inc., adjacent to the Alhambra square South and Alhambra Square ACLF parcels. ARTICLE II LEGAL DESCRIPTION The lands which are and shall be held, transferred, sold, conveyed and occupied subject to this Declaration are situate in Palm Beach County, Florida, within the city limits of the City of Boynton Beach and are described in Exhibit "A" attached hereto and made a part hereof. ARTICLE III DEVELOPMENTAL LIMITATIONS A. The structure or structures to be built on the Lands shall conform with the following requirements: 1. Alhambra Square North: Height: Building Set Building Set 2 stories Back from east property line: Back from north property line: 100' 100' 2. Alhambra Square South and Alhambra Square - ACLF Height: ACLF Units/Beds: Multi family units: 2 stories 248 as allowed by city zoning B. The following developmental limitations shall apply to Alhambra Square North: (1) No building shall exceed two stories in height; (2) All dumpsters shall be located away from adjacent residential areas; (3) All property lines between Alhambra Square North and adjacent single-family areas shall be delineated with a boundary wall or boundary landscaping at least six feet in height. Construction/landscaping of said boundary wall/hedge shall be coordinated with the governing association of the adjacent residential property, and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association, all to be done at no cost to the governing association. Said approval shall be governed by the provisions of Paragraph C. (7) hereinafter set forth; 2 LAW OF"FICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON, FLORIDA 33431 BOCA RATON (407) 994' 2090 . WEST PAL.M BEACH (407) 738' 0388 . BROWARO (30S) 760- 90B e (4) All lighting in parking areas shall be designed and installed so as not to shine directly in to adjacent residential areas. All lighting in parking areas shall be extinguished at 11:00 P.M.; and c. The following developmental limitations shall apply to Alhambra Square South and Alhambra Square ACLF: (1) No building shall exceed two stories in height; (2) The roof pitch shall not be steeper than 4/12 ; (3) All dumpsters shall be located away from adjacent residential areas, and the dumpsters shall be located at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF parcels; (4) All lighting in area parking shall be designed and installed so as not to shine directly into adjacent residential areas. Parking lot lighting shall be extinguished at l1:00 P.M. Parking lot lighting poles shall be at the minimum height permitted by the city of Boynton Beach; (5) Use of the subject property shall be limited to an Adult Congregate Living Facility (ACLF); (6) A combination of landscaping and wall (the "Wall") shall be constructed on the south property boundary between the Alhambra Square South and Alhambra Square ACLF parcels and the adjacent single-family residential areas. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential properties, and said approval shall be in accordance with paragraph (7) below. The Wall shall be constructed at no cost to the governing associations; (7) Approval by the governing associations shall not be unreasonably withheld. If the proposed plan and/or specification is not approved, and the Owners and the governing associations cannot reach agreement, the matter shall be resolved J LAW OF"rlCES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON, FLORIDA 334.:31 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388 . BROWARO (305) 760-9088 by a majority vote of the City Commission of the City of Boynton Beach; (8) At such time as building plans are presented to the city of Boynton Beach for permit, copies of the Wall plan and site plan shall be submitted to the governing associations; (9) With the exception of landscaping, which the Owners agree to install and maintain, no parking spaces or improvements shall be constructed or installed in the Lake Worth Drainage District right-of-way south of the Alhambra Square South and Alhambra Square ACLF parcels; and (lO) Deceleration entry lanes shall be provided at each entrance, if deemed necessary by the city of Boynton Beach. ARTICLE IV USES PERMITTED/PROHIBITED; LIMITATIONS ON USE The Future Land Use Element and Zoning of the Alhambra Parcels shall be: Parcel Future Land Use Element ZoninG Alhambra Square North Office Commercial C-l (Office Professional) Alhambra Square South Multi-Family and Alhambra Square ACLF Residential R-3 (Multi-Family) ACLF with no less than 248 units ARTICLE V RESTRICTIONS DEEMED COVENANTS These covenants and restrictions shall be deemed covenants running with the Lands for the benefit of all owners of real property adjacent to the land, and for the benefit of owners of real property in the SUbject parcels and the city of Boynton Beach. These Covenants and Restrictions shall be binding upon the undersigned Owners and their successors and assigns. ARTICLE VI SUBORDINATION TO DECLARATION BY MORTGAGEE(SJ. ETC. All mortgages, deeds of trust and other similar encumbrances now or hereafter placed upon the Property shall be subordinate and inferior to this Declaration and its provisions, and any firm, person or corporation owning or taking any interest in the Property by reason of foreclosure, deed in lieu of' foreclosure, or otherwise as a result of any such mortgage(s), " deed(s) of 4 LAW OFF'ICES ROBERT A. EISEN. 4700 NORT1-IWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON, FLORIDA, 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 736"0388 . BROWARD (305) 760-9088 trust, or other similar encumbrance(s) shall take title subject to the provisions of this Declaration. ARTICLE VII TERM AND AMENDMENTS These covenants and restrictions shall be deemed covenants running with the land, for the benefit of the city and all adjacent property owners, and shall be in perpetuity. ARTICLE VIII BINDING EFFECT This Declaration of Covenants and Restrictions shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, assigns, administrators and personal representatives. ARTICLE IX SIGNATURE COUNTERPARTS This Declaration of Covenants and Restrictions may be executed by signature counterparts, in which case this Declaration of Covenants and Restrictions and signature counterparts shall constitute a single instrument. WITNESSES: OWNERS: ALHAMBRA SQUARE NORTH MILNOR CORPORATION, a Florida corporation By: Norman Michael, President ALHAMBRA SQUARE SOUTH and ALHAMBRA SQUARE ACLF Norman J. Michael Elishka E. Michael . 5 LAW OF"F"ICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARO, SUITE '03, BOCA RATON, F"LOR1DA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0368. BROWARD (305) 760-9088 STATE OF FLORIDA ) ) ss: ) COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid, to take acknowledgements, personally appeared NORMAN J. MICHAEL, President of Milnor corporation, a Florida corporation, and NORMAN J. MICHAEL, individually, well known to me to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid, this day of , 1990. NOTARY PUBLIC My commission expires: COUNTY OF PALM BEACH ) ) ss: ) STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and county aforesaid, to take acknowledgements, personally appeared ELISHKA E. MICHAEL well known to me to be the person described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid, this ____ day of , 1990. NOTARY PUBLIC My commission expires: (B:CONDOOO.ksd) 6 LAW OF"F"'lCES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD. SUITE 103. BOCA RATON, F"LORIOA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388. BROWARD (305) 760-9088 EXHIBIT "An ALHAMBRA SOUARE NORTH A parcel of land in Section 32, Township 45, South, Range 43 East, City of Boynton Beach, Florida, Palm Beach County, more particularly described as follows: The East 460 feet of the West 510 feet of the North 380 feet of the South 420 feet of the Northwest 1/4 of Section 32, Township 45 south, Range 43 East, city of Boynton Beach, County of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. ALHAMBRA S~UARE SOUTH The West 500 feet of the following described property: Lot 16, Block 16, GOLF VIEW HARBOUR 2ND SECTION, according to the Plat thereof, as recorded in Plat Book 27, Pages 46 and 47, and Tracts 2, 3 and 4 GOLF VIEW HARBOUR 3RD SECTION, according to the Plat thereof, as recorded in Plat Book 30, Page 119 and 120, Public Records of Palm Beach County, Florida. ALHAMBRA SOUARE ACLF The East 590 feet of the following described property: Lot 16, Block 16, GOLF VIEW HARBOUR 2ND SECTION, according to the Plat thereof, as recorded in Plat Book 27, Pages 46 and 47, and Tracts 2, 3 and 4 GOLF VIEW HARBOUR 3RD SECTION, according to the Plat thereof, as recorded in Plat Book 30, Page 119 and 120, Public Records of Palm Beach County, Florida. (B:CONDOOO.ksd) 7 LAW OF"f""lCES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, FLORIDA 33431 BOCA RATON (407) 994-2090. WEST F'ALM 6EACH (407) 738-0388' BROWARO (305) 760-9088 EXHIBIT "A" ALHAMBRA S~UARE NORTH A parcel of land in section 32, Township 45, south, Range 43 East, City of Boynton Beach, Florida, Palm Beach county, more particularly described as follows: The East 460 feet of the West 510 feet of the North 380 feet of the South 420 feet of the Northwest l/4 of Section 32, Township 45 South, Range 43 East, city of Boynton Beach, County of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. ALHAMBRA S~UARE SOUTH/ALHAMBRA S~UARE ACLF Golf View Harbour Section 3, Tract 4 (less curve area Southwest 13th street and East 20 feet of South 104.29 feet) as recorded in Plat Book 30, Page 119, Public Records of Palm Beach County, Florida. (B:CONDOOO.pg9.ksd) 8 LAW OF"F"ICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 10:3. BOCA RATON, FLORIDA 33431 BOCA RATON (<407) 994- 2090 . WEST PALM BEACH (4D?) 738 - 0.3S8 4 BROWARD (305) 760 -9088 JRN-08-'91 12:14 ID:JOSIRS RND GOREN TEL NO:305-771-4923 11412 P01 . . ""...W O~F"ICE8 C"" HODEHT A. EISEN sulT~ 103. CORF"O~"'H; PI.AZA .'700 NOI=!'t~Wf;$T BOCA, RATON SOUL!VAAO :hOCA !lATON, :r:r..OlUDA. 331401 Fi08ERT A, ~15EN PEGGY l., C"''''I'IlT Tl-tOM.6.. .A.. .C!I;Ic;.EI=I BOCA RATON (407) 994-2090 wI." PAL."", BEA.eH (407) 738-0388 BAQWARCI (JlOCi) 7l50'9068 I"'....M (.to?) e.l-I$IO M.a.Fh< "". AIGAU . . 1I'1..ANl'\IINC eoNII"j~T''-'N'!' January 3, 1991 Jay D. Mussman, Esquire JOSIAS , GOREN, P.A. 3099 Heat Commercial Boulevard suite 200 Fort Lauderdale, Florida 33308 ReI Milnor Corporation va. Tha city of Boynton Beaoh I Dear Jay: Enclosed herewith please find revised DeclClration of CovenClnt.s Clnd Restrictions for Alhambra Bquare, with the legCll descript.ion that was numbered CIS pClge 7 now being renumbered as page 6. I have verified t.his as the oorrect. legCll, CIS was told to me by the cit.y planner for the Cit.y of Boynt.on Beach in our telephone conference call. There was some confusion as to which legal was correct, and I have verified that this is, indeed, the correct legal. AS I tOld you on the telephone, I had already done the revisions to the document that you had requested to conform the Declaration to the exact terms or tne court StipUlation. I hope that we can conclude this matter snortly. PLC/ksb Enclosure B:LTR03 JAN-08-'91 12:15 ID:JOSIAS AND GOREN TEL NO:305-771-4923 11412 P02 DECLARATION OF COVENANTS AND RESTRICTIONS FOR ATHAMBRA S~UARE KNOW ALL MEN BY THESE PRESENTS, that the undersigned Owners of the property dec:cribed in the attached Exhibit "A" (the "Lands") on this day of 1990, for themselves, their successors and assigns, hereby declare that the Lands described herein are and shall be held, transferred, sold, conveyed and oooupied subject to the covenants, restrictions and limitations hereinafter set forth. ARTICLE I RECITALS section 1. The undersigned Owners have entered into a stipulation and settlement Agreement with the city of Boynton BeaCh, Florida tor an amendment to the future land use element ot the City's Comprehensive Plan and/or rezoning of the Lands as follows: FUTURE LAND USE ELEMENT Alhambra Sq1.lare North: Alhambra Sauare South: and Alhambra Sauare ACLF: Office Commercial ZONING C-l (office professional) Multi-Family Residential R-J (mUlti- family) ACLF with no less than 248 units Saction 2. As a condition of said Stipulation and Sattlamant A9reement, the undersigned agree to impose ~ertain davelopmental limitations upon the use of the Lands. section 3. It is the expresliI intQnt of the undorsigned to perpotually romtrict (except to the eKtent permitted pursuant to the provisions of Article VIII hereinQfter set forth) the use of the hands for the benefit of the city of Boynton Beach and for persons of record owning adjacent real property to the Lands (the "property owners"), and for no other persons, in accordallce with the restriotions and limitations set forth herein. The "governing associations," of adjacent real property ..re 45 fallows: Boynton Beach Leisurevllle Community Association, Inc., as to the Alhambra Square North parcel, and Golfvlew Harbour 1 LA.W OFF.e~s ,",oeU::R:T A E:ISti:N . .:1700 NORTHWEijT BOCA ~ATON OOUI..~VA"'"' :lUIT'e:: to:), ~O~.... AATON, I""LOAIO,,", ;,3...,:,,1 60CA RAION (407) 9904'Z090. WE5T F'AI.M BEACH (.:jQ"')73l!!1.0~e". el"\'OWAl'fC'(;'O!)),"OQ-90aa JAN-08-'91 12:16 ID:JOSIAS AND GOREN TEL NO:305-771-4923 11412 P03 Estates Homeowners Association, Inc. and Golfview Harbour Estates, Inc., as to the Alhambra Square South and Alhambra Square ACLF parcels. ARTICU: Xl LEGAL DESCIUPl'ION The land", which are and ",hall be held, transfgrrgd, sold, oonvoyod and oooupiod subjgot to this Dgolaration arg situate in Palm Beach County, Florida, within the city limits of the city of Boynton Beach and are described in Exhibit "A" attached hereto and m~de a part hereof. ARTICLE 1:1:1: p~r.oPMEN't~ LlMU~I~ A. The structure or structures to be built on the Lands shall conform with the following requirements: 1. Alhambra Square North: Height: 2 stories 2. Alhambra Square South and Alhambra square - ACLF Height: ACLF Units/Beds: Multi family units: 2 stories 248 as allowed by City zoning B. The following developmental limitations shall apply to Alhambra Square North: (1) No buildinq shall exceed two stories in heiqht; (2) Jl..ll dumps tars shall ba located away from adjaoent residential areas; (3) There shall be oonstruoted a six foot zoning boundary wall between Alhambra Square North and adjacent single-family areas. Construction/landlJcaping of said boundary wall/hedge shall be coordinated with the governing association of the adjacent residential property, and the existing buffer hedge Shall be removed and replaced with sod and landscaping to the specifications Of tne governing association, all to be done at no cost to the governing association. Said approval shall be governed by the provisions of Paragraph C. (7) hereinafter set forth; 2 \"...w OF"F"leE~ ~Oa~AT A,. E:ISEN . 4700 r,OR-:-HWE~"t' BOCA RATON 80ULEVARD, SUITE 103, BOCA RATON, F"LORIOA 33.4.;31 BOCA RATON (407)9El4-a090 . WEST PAL.M e~A,CH (407) 738-0366. ItROWARF;) (:)05) 160'9088 .JAN::l:lS::.'.91 12: 16 ID:JOSIAS AND GOREN TEL NO:305-771-4923 11412 P04 (4) All lightinq in parking areas shall be assigned and in"tallea SlO as not to shine directlY in to adjaoent reside"tial ar.ae. All lighting in parking areas shall be extinguished at 11:00 P.M., and C. The following developmental limitations shall apply to Alhambra Square South and Alhambra Square ACLF: (1) No builaing shall eKoeed two "tori." in height; (2) The ;r;oaf pitch shall not be steeper than 4/12; (J) All dumpsters shall be located away from adjacent residential areas, and tne dumpsters shall be located at least one hundred feet from the south property line of the Alhambr~ Square South and Alhambra Square ACLF parcels; (4) All lighting in area parking shall be designed and installed so as not to shine directly into adjacent residential areas. Parking lot lighting shall be extinguished at 11:00 P.M. Parking- lot lighting poles shall be at the minimum height permitted by the city of Boynton Beach; (5) Use of the subject property shall be limited to an Ad~lt Congregate Living Facility (ACLF); (6) A combination of landscaping and wall (the "Wall") sh'\ll bo coni:truoted on the south property of the Alhambra Sq.~are South and Alhambra Square ACL~ parcels. ThQ plan ana aesign of the Wall shall be coordinatQd with and approved by the governing assooiations of the adjacent residential p;r;operty, and said appr'oval shall be in accordance with paragraph (7) beloW. The Wa~l shall be constructed at no oost to the governing associations; (7) Approval by the governing associations shall not be unreasonably withheld. (8) At such time as building plans are presented to the city of B~y~ton Beach for permit, copies ot the wall plan and site plan shall be submitted to the governing assooiations: 3 LAW OFFICE.S ROBtFiT A.. E:ISEN , ~7'0 NO~"~WE5T BOCA AA"ON BOUL.EVARD, SLJITE 103, BOI;A RATON, I""\'O"I~A 3~"OI BOCA FlATON (40") 994'L 90. WE.!:H PALM BEACf.! (407) 738-035& . I!IROWARD (30!S)7eO-SO"'$ JRN-08-'91 12:17 II:JOSIRS RND GOREN TEL NO:305-771-4923 11412 P05 (9) wi~h ~h~ QxcQP~ion of landscaping, which ~he Owners agree to install and maintain, no parking spaces or improvements shall bo oonstruotod or installed in the Lake Worth Drainage Dio:triot :eight-ot-way Douth ot the Alhambra Square South and Alhambra Square ACLF parcelsl and (10) Deceleration entry lanes shall be provided at eaoh entrar.oe, if deem~d ~ecessary by the city of Boynton Beach. ART! CLE IV USES PERMITTED/PROHIBITED; LIMITATIONS ON USE The Futu.-e L<lnd Use Elemmt and Zoning of the Alhambra parcels ~hall be: Parcel Ft'ture Land Use Element Zoninq Alhambra Square North Of~ice Commercial C-l (Office Professional) R-) (Multi-Family) ACLF with no less than 248 units Alhambra Square South Multi-Family and A:hambr~ Square ACLF Residential' ARTICLE V RESTRICTIONS~Eh~D COVENANTS Thesu covenants and restrictions shall be deemed covenants runninl;! with the Lands for the oenefit of all owners of real pr'>perty adjacent to the land, a"d for the benefit of owners of rc,al prope" ",y in the subject ;)areels and the city of Boyn~on Ed!\eh. The,." ~ovenants and Rel';~ric:tions shall be binding upon ;~he unders,ign",j Owners and their ;:ucce;:;:or;: and a;:;:ign", WITNESSES I OwNERS: ALHAMBRA SQUARE NORTH j',ILNOR CORPORATION, a r_orida corporation By: Norman Michael, president ALHAMBRA SQUARE SOU'IH and ALHA.'{BRA SQUARE ACLP Normen J". Michael 4 LAW OF"rtCE5 RCieEflIT ii'.. E ~<:::N . 4700 NOIltTHWE:ST SOC" RATON eOUl.c~VARD. SUITE 103, BOCA f"iIATON, I""LORIO'" ~.:J.q31 BOCA RAT:::'N {4.....7) $,'l\)4-f!OgO . w~s,. PAL~ IU:....CH (0<107) 738-0388. BI;OWAFtO (30~) 7!5c'eo~c JRN-08-'91 12:,8 ID:JOSJRS RND GOREN TEL NO:305-771-4923 11412 P06 . Elishka E. Michael STATE OF FLORIDA ) ) 55: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authori2ed in the state and County aforesaid, to take acknowledgements, personally appeared NORMAN J. MICHAEL, President of Milnor corporation, a Florida corporation, and NORMAN J. MICHAEL, individually, well known to me to be the person deeoribed in and who executed the foregoing instrument,' and he acknowledged before me that he executed the ..ame in the presence of two GubGcribin9 witnes.es freely and voluntarily. WITNESS my hand and official seal in th<> County and State last aforesaid, this day of , 1990. NOTARY PU8LIC My commission expires; STATE OF FLORIDA ) )8S: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and County aforesaid, to take acknowledgements, personally appeared ELISHKA E. MICHAEL well known to me to be the person described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal last aforesaid, this ____ day of in the County and state , 1990. NOTARY PUBLIC My oQmmiggion expiree: (8:CONDOOO.lCSCl) 5 LAW OFFICES ROSERT A. EISI!:N . *t700 NOI""THW~::r."f 1:I0c.... FlATON I!!IOUL~Vi"."O, OUITC; 1e.3, =QC.a. Ft.....TON, FL.OAlc>..... 3::11""1-31 BOCA ~ATON (4Q7} $119a.~oso . W~OT '-"'IoM IlII;-ACH {""O,.) ,.~e.03aa . ~I'tOW,..,"CI (~o~l ,.eO.90ee JAN-08-'91 12:19 ID:JOSIAS AND GOREN TEL NO:305-771-4923 11412 P07 .. . , . EXHIB:IT nA" ALHAMBRA SOUJlV1l! NORTH A parcel of land in sClotion 32, Townc:hip 45, South, Ranq", 43 East, City of Eoynton llGaoh, Florida, Palm llGach County, more partioularly dQsoribed as follows: The Eaat 460 feet of the Weet 510 feet of the North 380 feet of the South 430 feet of the Northwest 1/4 of section 32, Township 45 South, Ranqe 43 East, City of Boynton Beaoh, County of Palm Beaoh, Florida, less and except lands described in Official Records Book 5402, Poge 670. ALHAMBRA aOUARE SOUTH/ALHAMBRA SQUARE ACLF Golf View Harbour section 3, Tract 4 (less curve ar~~ southwest 13th street and East 20 feet Of South 104.29 feet) ~S recoraea Ln Plat BOOK 30, page 119, PUblic Recoras ot P~ll1l Beach count;', Florida. (B:CONDOOO.pg9.k.d) 6 LAW orF'ICCS FlOBE~T A, EISE~ . 4700 NQI'I'THWE!iiT BOC:;.., RATON OOULI:VArqO, ~UlTr; 10::l, ~O(""A ".......,.1...1'\1, r"l..O~Il)"" Q.,3":) I aOCA RATON (.0407) g9.q-Z090 . WE5T F'AI..M BEACH (~07) 7315 'O~C50 . DRDWAI"'I'C1 (:o~) 7~O' $oes r.u~ CITY of BOYNTON BEACH ~. ~ OFFICE OF THE CITY ATTORNEY (407) 738-7405 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435-0310 (407) 734-8111 December 5, 1990 Peggy L. Carry, Esq. 4700 N.W. Boca Raton Road Suite 103 Boca Raton, FL 33431 Re: Alhambra Square Declaration of Covenants and Restrictions (hereinafter "Declaration") and Stipulation and Settlement Agreement (hereinafter "Agreement") Dear Ms. Carry: The following are our comments with regard to. the Revised Declaration: 1. Article I (3): Please amend to read as follows, to delete the term adjacent and insert the term "as": Boynton Beach Leisureville Community Association, Inc., as. and Golf View Harbor Estates as . 2. set back Agreement. Article 3 (A)(l): requirements as Please they do delete the not comply building with the 3. Article 3. (B)(3): The first sentence should be conformed to be in consistent with the Agreement. 4. Article 4 (C) (6&7): Please conform to the Agreement. The Agreement does not entitle or provide that the City Commission of the City of Boynton Beach is entitled according to the Agreement to resolve any dispute between the governing associations. Accordingly, such language shall be deleted. 5. Article 6, 7, 8 & 9: Shall be deleted, as they are not contained or provided for in the Agreement. RECEIVED llEC S J9!ll PLANNING DEPT. peggy L. Carry, Esq. December 5, 1990 Page 2 The Declaration must be consistent and in accord with the Agreement as the Agreement is a binding, legally enforcible document which was entered into among the parties and filed with the Court. Please forward the Revised Declaration to me as soon as possible. Thank you for your assistance. Sincerely, '"\ I Ii l ., , ' . r:.. " <" 1 < ,'/,('1 , I '- v-........... --_ -~ -' -..... -- '" ) --.......- Jay D. Mussman Assistant City Attorney JDM/ras cc: Chris Cutro, Planning Director Tambri J. Heyden, Assistant Planner J. Scott Miller, City Manager .uL~12-'90r20:52 ID:JOSIAS AND GOREN TEL NO:305-771-4923 IH22 P02 ~,~~ JOSI.A.S Be GOREN, P.A. ~. A"OFtHr..,... AT L..AW SUITE 100 30QQ U,ST COMMI.A:CIAL. IIOU'-i:VA~C FOllI' LAUDElIDALB. FLOllJ:D.&. 3B306 .:n;V~N L.. .,lOB....B ....~U&l. 8. Q.QII&;I'J ..l"-MEI "". Cfol&fItOP' OON...."'O ,J, 0000..... TELEPHONE (305)771-4500 f""'LM .I:AC::H (4at') tor.. .oCIOO i<""-CQ',...II.... (:Joe) '"'1....Q2:J "'"IIlJTll'\Ic;.... ""A~l'oIl"IlJg", KEIltIllV L. 1l.!ItOL 8CO'TT J... I.LK MITeH!!:LL. a. t(~...r" .J...... D. MlJB$M.N July 12, 1990 Via Faoainile Tran&fer and Fir&~ ~lAca Mail Peggy Carry, E.quir. Law Offio.. of Robert A. Eisen 4700 N.W. Booa Raton Blvd. Suit.e 103 Boca Rat.on, FL 33431 ReI Alhambra Square Deolar~tion of CovenantB and Restrict.ions (hereinaft.er "Deolaration") ~nd Stipulat.ion ADS! Settlement Agreement. (hereinafter "Agreement."). Dear Ms. Ce..rry: Please allow this letter to confirm our telephone conversation of July 10, 1990, in which you indicated that you were in ehe process of reviewing my memorandum daeed June 22, 1990, relating to the mod1ticatlons ot the Oeclaration. upon your review ot same, please contact me to discuss your comments. Thank you tor your assistance in this matter. Sincerely, ~~:::SMAN JON/lms LIB CARRY Director / ce: Timothy P. Cannon, Planning city of Boynton Beach R~C~\~~V \.'0\ -- .,~ Ot.~1. ~ -. LAW OFTICES OF ROBERT A. EISEN SUITE. 103, CORPORATE PLAZA 4700 NORTHWEST BOCA RATON BOULEVARD BOCA RATON. FLORIDA 334:31 ROBERT A. EISEN JERROLD M. LEVY PEGGY 1... CARRY BOCA RATON (407) 994 2090 WEST PALM BEACH (407) 738-0388 BROWARD (305) 760.9088 FAX (407) 241-1510 MARK RIGAU . . PLANNING CONSULTANT March 12, 1990 VIA HAND DELIVERY Planning and zoning Board City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Land Use/Rezoning Application Adjacent Property Owners' List TO WHOM IT MAY CONCERN: This is to affirm that the attached list of property owners, as obtained from the Palm Beach County Property Appraiser's Office, is to the best of my knowledge, complete and accurate. Said list reflects all owners within the 400 foot radius of the subject properties, better described as: site No. 1 - Tract 4, Golfview Harbor, Third Section, Boynton Beach, palm Beach county, Florida, according to the plat thereof, recorded in Plat Book 30, at Pages 119 and 120 of the Public Records of Palm Beach County, Florida. Property Control No. 08434532050040000 site No. 2 - The east 450 feet of the west 510 feet of the north 380 feet of the south 420 feet of the northwest 1/4 of Section 32, Township 45 south, range 43 east, City of Boynton Beach, County of Palm Beach, Florida, containing 4.01 acres, more or less. property Control No. 08434532000003022 Sincerely, 'l~ Cl'~a:-' Mad~: Rigau, Planning Consul nt MARjrn Enclosure cc: Mr. Norman Michael (ltr52jlr10) CITY of BOYNTON BEACH ~. @..120E.BOynton ,".. .." , .". P. O. Box 310 :'~." Boynton Beach, Beach Blvd. OFFICE OF THE PLANNING DIRECTOR January 5, 1989 Mr. Charles Putman Charles Putman & Associates 4722 N.W. 2nd Avenue-Suite 106 Boca Raton, FL 33431 Re: Alhambra Square North Alhambra Square South Our file nos: 169 and 170 Dear Mr. Putman: Please be advised that on TueSday, January 4, 1989, the City Commission denied the requests for amendments to the Future Land Use Element of the Comprehensive Plan and Rezonings, pursuant to the recommendations of the Planning Department. . If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH C-.. _J'~ CARMEN S. ANNUNZIATO, AICP PLANNING DIRECTOR CSA:ro cc City Manager, Technical Review Board, Central File J7ogoiew- ~~~ P.O. BOX 1358 ~ BOYNTON BEACH · FLORIDA 33425 December 13, 1988 Mayor Ralph Mayorchese City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425 Dear Mayor Mayorchese: As you probably are aware our Association, known as Golfview Harbour Estat<j!s, Inc., ~ Florid~ Corporation, will consist of 128 homeowners of which 110 villas and townhouses are now occupied. Our Association boarders to the south by S..W. 27th Avenue, to the east by S.W. 14th Court, to the north by Lake Worth Canal #27 and to the west by Congress Avenue. This letter is to inform your City Council and the Planning and Zoning Board of the City of Boynton Beach that the majority of our homeowners support the Milnor Corporation ancI Norman J. Michael's proposed "Alhambra Squarell development on Congress Avenue and S. W. 23rd Avenue (Golf Road). We being 110 homeowners are more directly involved than any other Association in Co1fview Harbour Estates. We feel that the two-story Hedical Building, Professional llulluing anu Adult Health Care Facility represent the most desirable zoning for this tract. ;?~'6Ji!J Linda O'Neal Association President CIC - Robert Walchak, v'" Chairman - Planning & Zoning t~ I!f It~ I!, ;.' ~ , ' I, '. '; 'U" \' ; , , " ('. 'I,' , ~ .:' ...! " 'j II ......... .' ,~ r ! " , \ t'l I NlJ'T Eb [IF n m;:EC I (,l.. MEET r Nt> OF THE SOmal OF [) r R"';CTORS OF MILNOR CORPORATION A special meeting of the Board of Directors of the Milnor Corporat.on was held at the corporate office at .1467 S. W. 25th Place, Boynton Beach, Florida at 11:00 a.m."on Fr.dwy, July 22, 1988. Present were Nerman J. Michael, President and Elishha E~ Michael, Secretary being the sole directors of the Milner Co~~i~a~ion and it wa~ resolved that we would uJbm.t the property which is now owned by the Milner Corporation for a change of zDning tD the City of Boynton Beach described as 'fCillDw~::t: The Ea.t 460 feet of the W~.t 510 feet of the North 330 t'eet of the Sc:.uth 420 feet ot' the N.J 1/4, Df Section 32, TDwnship 4~5 South, F~i:H1ge 43 Ea-;.:;t, City t.:d' F\o'/nt:(Il'l Seach, County of Palm Beach, Florida. And further that Norman J. Michael would have any ar~ dll authcn"'ity to act 'for said cC:lI-pcq-ation in acql.li)-jng tr'le c::hangE~ tlf zonino. The,)-e- being no fu\".the\- bu~inef.as tel comE' b€:,f'O\-E' thE': It,E-2f~tin{] ~ tl"He HIt:'H:=tl.ng was a(jjclu\-ned. J. Michael~ Pr~$i!jFnt ~ j ,~ "ar;M,,~t_~l~_Pi~_ Elish~a E. Michael, Secretary , \ Milnor (Qrporotion BUilDERS & LAND DEVElOPERS October 7, 1988 M,'. Jim Golden Planning & Zoning Department City of Boynton Beach P.O. 80 x 3 1 0 Boynton Beach, Florida 33425 Dear Mr. Golden: Per your request we are enclosing herein two (2) copies of an up to date survey of the property at the north east corner of Congress Avenue and S. W. 23rd Avenue (Golf Road) along with the Resolution, as approved by the Board of Directors of the Milnor Corporation, authorizing the change of zoning for this parcel of I and. If you have any further questions in regards to this land please do not hesitate to contact Mr. Charles Putman. 8est regards, // ~~ L~~ ~ N ~r)lJ. Michael E~sures ...---_/ N,JM/dlh P. O. Box 3939 . Boynton Beach, Florida 33424-3939 1467 SW. 25th Place. Boynton Beach, Florida 33426 . (407) 732-0040 1 I CHA~LES PUTMAN & ASSOCIATES _._....-r-...,.._._.__.._._..,,_.._..._.~_........_...._.._..~-_._..__.....*.._...~...._....._.-_....._~..- ..._._~._-~.......,_.._...,._~._._- Planners and Land Development Consultants . <~Itt' PL.HHlinu . :~1 ;ri1j::~ . Fl'riliJls .. _............._~.._._..._-_...~.....__....._..._._..,....-...-....-."', , I Boca Raton . (305) 994,&411 ! June 14, 19BB Mr. Carmen Annunziato Director of Planning City of Boynton Beach 120 N.E. Second Avenue Boynton Beach, Florida 33435 j2J:Sf>O)./Of'tj il (oJvV0r) y 'J1<:L~?1f- 'r IA.-( "S+J.:'>- ONt: (04 - -ft/I(" 6 /:. +s Po fN;VL~ 02 If/Sf Subject: ACLF Development Milnor Property Golf Road at Congress Avenue Southeast Corner Dear Carmen: As you know from our recent meeting in your office, the Milner Corporation is considering the development of an ACLF facility on their ten acre tract located at the southeast intersection of Golf Road and Congress Avenue. The enclosed map shows the location of the property. Since our last meeting, we have explored the ACLF option for this site and feel that it would be a viable one for the developer and one which would serve to mitigate many of the problems that the City and the surrounding landowners have been concerned about in the past. As you are probably aware, ACLF uses are typically low traffic generators and by their very nature are quiet, low intensity uses. With the hospital being located just to the east of this site and with shopping and public services available along Congress, this property would seem to be a desirable site for a congregate living facility. We are currently developing alternative concept plans for this proposed use and will be looking forward to coordinating with you and your staff regarding our plans. Although we are in the early planning stages, it is clear that an economically viable project of the type being conceived by Milnor will require greater densities than those currently provided for in the City's Comprehensive Plan. To that end, Milnor is proposing to make a formal application to amend the land use on this property from the Low Density Residential classification, which is currently applicable, to a High Density Residential classification. Obviously, both you and Milnor are aware of the concerns that have been registered in the past relative to development at this intersection. However, with over 30,000 vehicles per day passing through this intersection and the intensity of development increasing on a daily basis, we do not feel this is an appropriate location for low density residential development. Hopefully, we can work together with the City over the next several months to design an ACLF f8cility that will mitigate all or most of the community's concerns. In addition to requesting a land use amendmentT:l ~~_,~~,,~~~~~'\,fI~ing .Jl.1o.-...;........v........~......,.!-i,y to JUN - Pl..ANNii~G DEPT~,.. 4722 N.W. Second Avenue. Suite 106 . Boca Raton, Florida 33431. Mr. Carmen Annunziato City of Boynton Beach Re: ACLF Development - Milnor Property June 14, 1988 Page 2 simultaneously request a rezoning on the site. In reviewing your codes, it would seem that the proposed ACLF use could be developed within your PUD code. This method of zoning would give us an opportunity to deal with an actual development plan for the site and provide a context for dealing with specific plan issues such as buffers, height, access, etc. I would appreciate your comments relative to the above, particularly as it would relate to the idea of PUD zoning. Also, I would appreciate knowing your current schedule for land use amendments so that we can complete and file our petition by the next window. Please call if you have any questions. Sincerely, cJavL Charles Putman CP!aps 614MilnorBB Enclosure --:: ~ CARMEN L. FORD 1425 S.W. 25TH AVENUE, HB BOYNTON BEACH, FL 33426 City of Boynton Beach City Conunission P.O. Box 310 Boynton Beach, FL 33435 RE: Notice of Zoning Change Notice of Land Use Change This is to advise you that I object to the changing of: Application No.1, from Moderate Density Residential to Office Commercial Applicant: Mi1nor Corporation Location: S. Congress Avenue at Golf Road, Northeast Corner Project Narne: Alhambra Square North l further object to the changing of:. Application Applicant: Owner: Location: Project Name: No.2, from low density Residential to C-1 (Office/Professional) Nonnan J. Hichael Nonnan & Elishka Michael South Congress Avenue at Golf'Road, Southeast Corner. Alhambra Square South 1. further object to the changing of: Application Applicant: Owner: Location: Project Name: No.3, from Low Density Residential to Hip,h Density Residential Nonnan J. Michael Nonnan and Elishka Michael Golf Road at S.\~. 13th Street, Southwest Corner Alhambra Square ACLF I am requesting all three (3) applications be denied. Any fonn of business in this area will decrease the residential property value and the home type atmosphere we have now. Sincerely; " &,<....,~;J~..,i! ,~t,'1' Carmen L. Ford Date fJj:ffid~'~ ' . . .~. I' , .,(.,.! 0 _ if '" ,;.zt~. I / . 7?:7""m6tv ,21: 11{Y , Notary / \~.LO:>/';" /.,-',)~ ~,""" "tJ,... ,~~.' 1,;.../"')/-" /' "'C." ,'l /_ \:~....- ,_. ,,,'" ,-' D ': '~i) \ \~\ fr 7 :..' \ C,'7y .0"' . - In" :-j '". {':"'" <::Iv'8 "\. f_ Lr.' "'" ~ .'t~1 I, ~~: . o<21a. /........... <".(~'Ii, /',;-..... '7'- ,"\' \, I j I...., _ My commission expires: Notary Public, State of FlorIda at Larae My Commission Expires December 18 1988 BO'lded Thru Brown &. Drown, I~e. CITY of BOYNTON BEACH ~ :~ ~ 211 S. Federal Highway P. O. Box 310 Boynton Beach, FL 33425-0310 c -- I",.",,,,;;;j1 ~~~~;i~rt, . f :_--- -. ~ ...... . '. --. -.... ,;.:;...-'.!....-". ....._- .. November 14, 1988 Mrs. Teal Pontarelli THE POST Legal Ads Department 2751 S. Dixie Highway West Palm Beach, FL 33405 Dear Teal: Enclosed please find the following three notices to be pub- lished in the LOCAL NEWS section of The Post at least one-QUarter page in size with the headlines no less than 18 point letter size: NOTICE OF LAND USE CHANGE NOTICE OF ZONING CHANGE (3) Kilday & Associates, Applicant Milnor Corporation, Applicant Bill Ray Winchester, Applicant Please publish these ads in The Post on November 30, December 9 and 28, 1988. On the last publication date of December 28, please omit the second paragraph from each ad, which is high- ligh-=ed. Please furnish this office with proofs of publication. If you have any questions', please do not hesitate to contact this office. Ve!y truly yours, CITY OF BOYNTON BEACH Betty S. Boroni City Clerk BSB/smk Enclosures '% " v ;.: ':~, %: m, }$; A ~ ~;~: K ','Y,' :il. % (0 ::lI; ..~~ *' .',. .:: .V.'. % ,&~ %, CRANBROOK LAKE ESTATES HOMEOWNER'S ASSOCIATION, INC. 2306 S.W, 23RD CRANBROOK DRIVE, BOYNTON BEACH, FL 33436 THIS RESOLUTION ADOPTED DECEMBER 13. 1988. WHEREAS THE CRANBROOK LAKE ESTATES HOMEOWNER'S ASSOCIATION, MORE COMMONLY KNOWN AS THE ESTATES OF SILVERLAKE. WISH TO GO ON RECORD OPPOSING ALL THREE ZONING CHANGE REQUESTS BEING PBcPOSED BY THE MILNOR CORPORATION, WHEREAS THE. RESIDENTS OF SILVERLAKE DO NOT ACCEPT THE ARGUMENT THAT IT WOULD NOT BE FEASIBLE FOR THEM TO BUILD NICE SINGLE FAMILY HOMES ON THESE PARCELS. THE ESTATES OF' SILVERLAKE IS LOCATED AT THE SOUTHWEST CORNER OF THIS INTERSECTION AND CONSISTS OF APPROXIMATELY 25 TO 30 MILLION DOLLARS WORTH OF NICE SINGLE FAMILY HOMES. WHEREAS THE RESIDENTS OF SILVERLAKE PURCHASED THEIR HOMES KNOWING FULL WELL THAT ALL THE SURROUNDING VACANT PARCELS OF LAND WERE ZONED SINGLE FAMILY RESIDENTIAL. THE RESIDENTS WERE ALSO VERY MUCH AWARE THAT THE COMPREHENSIVE LAND USE PLAN CALLED FOR THESE PARCELS TO REMAIN ZONED SINGLE FAMILY' RESIDENTIAL. WHEREAS THE RESIDENTS OF SILVERLAKE. THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION WERE ALL AWARE THAT CONGRESS AVENUE WOULD SOME DAY BE WIDENED. EVERYONE WAS AWARE OF THIS AT THE TIME THE COMPREHENSIVE LAND USE PLAN WAS ADOPTED. TO DATE. NOT A SINGLE THING HAS CHANGED THE RESIDENTIAL CHARACTER OF ANY OF THESE PARCELS. THE ONLY THING THAT HAS HAPPENED IS THAT CONGRESS HAS FINALLY BEEN WIDENED AS PLANNED. WHEREAS THE ESTATES OF SILVERLAKE MAY NOT OBJECT TO AN A. C. L. F ., IF IT WERE TO BE LOCATED ON ONE OF THE CORNER PARCELS. WE DO OPPOSE AN A. C. L. F. AT THE PROPOSED LOCATION. WE FEEL THAT IF IT WERE BUILT AT THE PROPOSED LOCATION IT WOULD ISOLATE THE 4.75 ACRE CORNER PARCEL. THUS MAKING IT LESS DESIRABLE TO CONSTRUCT NICE SINGLE FAMILY HOMES. THEREFORE LET IT BE RESOLVED THAT THE CRANBROOK LAKE ESTATES HOMEOWNER'S ASSOCIATION, INC., COMMONLY KNOWN AS THE ESTATES OF SILVERLAKE. RESPECTFULLY REQUESTS THAT ALL THREE MILNOR CORPORATION REZONING PROPOSALS BE DENIED. Q~/-;:A ~C./~ /, PRESIDENT, CRANBROOK-rA~ ~~~~TES HOMEOWNER'S ASSOCIATION, INC. . . CHARLES PUTMAN & ASSOCIATES Planners and land Development Consultants Site I'/anning · Zoning. Permits Boca Raton . (305) 994-6411 September 29, 1988 Planning and Zoning Board City of Boynton Beach 120 N.E. Second Avenue Boynton Beach, Florida 33435 Re: Land Use/Rezoning Application Adjacent Property Owners List To Whom It May Concern: This is to affirm that the attached list of property owners, as obtained from the Palm Beach County Property Appraiser's office is, to the best of my knowledge, complete and accurate. Said list reflects all owners within 400 feet of the subject property, better described as: "A parcel of Boynton Beach, follows: . land in Florida, section 32, township 45 south, range 43 east, City of Palm Beach County, more particularly described as "The east 450 feet of the west 510 feet of the north 380 feet of the south 420 feet of the N.W. l/4 of section 32, township 45 south, range 43 east, City of Boynton Beach, County of Palm Beach, Florida, containing 4.01 acres, more or less." SC4~ Charles Putman, Agent Applicant - Mi1nor Corp. CP/aps 929Milnorapp Enclosure 4722 N.W. Second Avenue. Suite 106 . Boca Raton, Florida 33431 I I I I I I LAW OFF!CE:S OF ROBERT A. EISEN SUITE 103, CORPORATE PLAZA 4700 NORTHWEST BOCA RATON BOULEVARD BOCA RATON, FLORIDA 33431 ROBERT A. EISEN JERROLD M. LEVY PEGGY L. CARRY eOCA RATON (407) 994 2090 WEST PALM ee:ACH (407) 738-0388 eROWARD (305) 760 - 9088 FAX (407) 241-1510 MARK RIGAU . . PLANNING CONSUL-TANT March 21, 1990 VIA HAND DELIVERY Mr. James J. Golden, Planner City of Boynton Beach ci ty Hall 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 RE: Rezoning for properties involved in Milnor Corp. v. City of Bovnton Beach Case No. CL 89-6178-AN Dear Jim: Please find enclosed the following: 1. Completed signature pages for applications; 2. Complete copies of applications, including site plans and surveys; 3. certificate of corporate authorization; 4. Affidavit for property owners' list; and 5. Checks as follows: a. $800.00 - filing fee for the Alhambra North parcel; and b. $900.00 - filing fee for the Alhambra South/ Alhambra ACLF parcel. These items are submitted pursuant to your request for supplemental information regarding the above-referenced rezoning applications (previously submitted 3/12/90). I understand that the submittal of these items will satisfy the information required for the aforementioned applications. Please keep me apprised of the application status. have any questions or need additional information, please hesitate to contact me. Sincerely yours, ~L a ~T'O--- Marl{ A. Rigau, U Planning Consultant MARjrn Enclosures cc (wjencl.): Mr. Norman J. Michael (ltr74jlrlO) LAW OFFICES OF ROBERT A. EISEN. EA. I f you do not LAW OFFICES Of:'" ROBERT A. EISEN SU1TE 103, CORPORATE PLAZA 4700 NORTHWEST BOCA RATON BOULEVARD BOCA RATON, FLORIDA 33431 ROBERT A ElSEN JERROLD M. LEVY PEGGY L. CARRY SOCA RATON (407) 994.2090 WEST PALM BEACH (407) 738' 0388 SROWARD (305) 760 - 9088 FAX (407) 24j. 1510 MARK RIGAU . . ~LANNING CONSULTANT March 9, 1990 VIA HAND DELIVERY Mr. Tim Cannon, Planning Director City of Boynton Beach City Hall 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 RE: Rezoning for properties involved in Milnor CorD. v. City of Bovnton Beach; Case No.: CL 89-6178-AN Dear Mr. Cannon: Please find enclosed the following: (1) Square North Square ACLF; (2) Checks in the amount of $2,000.00 ($1,000.00 per application); Two complete application forms - one for Alhambra and the other for Alhambra Square South/Alhambra (3) A copy of the last recorded Warranty Deed/ Certification and Affidavit; (4) (5) hundred (400) and postage; A letter of authorization; A certified list of property owners within a four foot radius, including envelopes, mailing labels, (6) A copy of Palm Beach Map Showing all properties on list proximity to the subject site; and County Property Appraiser's (item 5, above), and their (7) A sealed boundary survey of the subject parcel, including a written legal description. This letter shall serve as the statement justifying the requested rezoning. On October 17, 1989, at its regular city commission meeting, the city commission of Boynton Beach considered the terms and conditions set forth in a stipulation and Settlement Agreement, and by a motion duly made, the city commission, by a vote of 4 in favor, none opposed (council-Person Arlene Weiner, absent), approved the terms and conditions of said stipulation and Settlement Agreement and authorized and directed the city Attorney to execute the stipulation and Settlement Agreement (Exhibit A attached). Item lIon page 4 of the Stipulation and Settlement Agreement identifies the future land use element and zoning of the Alhambra Parcels to be: Parcel Future Land Use Element Zoninq Alhambra Square North Office/commercial C-l (Office/Professional) Alhambra Square South and Alhambra Square ACLF MUlti-Family Residential R-3 (Multi-Family/ACLF with no less than 248 units) In connection with the development of the Alhambra Parcels, the applicants, Milnor Corporation and Norman and Elishka MiChael, agreed to the development limitations set forth in the attached Declaration of Covenants and Restrictions (Exhibit B). I have discussed the materials required as part of this submission with Mr. Eisen, and he concurs that the terms set forth in the stipulation and Settlement Agreement shall serve in place of the material requested under Section II (H), items 1 through 11. with the submission of this application and the attached materials, I respectfully request that you schedule this item for the next available city Commission agenda. If you have any questions or need any additional information, please do not hesitate to contact me at 407/994-2090. Respectfully suqmitted, 2'~' a ;::?~ M~-r A. Riga, Planning Co tant MAR/rn Enclosures cc (w/encl.): Mr. Norman J. Michael (ltr90/lr9) LAW OFFICES ROBERT A. EISEN