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 ~~
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Y;;:M'
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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
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@..120E.BOynton
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, .". 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
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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
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"ar;M,,~t_~l~_Pi~_
Elish~a E. Michael, Secretary
,
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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
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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
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Planners and Land Development Consultants
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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 /:.
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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
--::
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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
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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
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211 S. Federal Highway
P. O. Box 310
Boynton Beach, FL 33425-0310
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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
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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
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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