Loading...
APPLICATION k0NP_Y$~_e~~NQ~~NI_BNQ[qB_B~IgN!N~_aEBb![eIJQN City of Boyntorl Beac:h, Florida Planning 3nd Zoning Board ThJ.'::""5. ar1pltcE\ticn iTlU~st bE' +illc~d ':'III't: (::DITlplc.:'t0~1,/ EtnO <:,.cc:ui.-~\t.E'lV ~'.r-~d submitted, togeth~' with the materials l,sted in Section II below, in two (21 copies to the Planning Department~ tnconlpl.ete applications will not be pY-Dc:(-2~:;~,(:~d .. Plesse Print Legibly or Type all InfcJr-matior1. 1. ~[N~BBb_lNEgBMBIlgN 1. Pr'Oj~ct Name: Alhambra Square North Type of Application lchec~ one x 2"- ~ H(-:~:::Df"linq ~:;n.l. f.}~ !_~nd Use Amendment only ',,-, l_~'(n>::.i \.3::::;[.\ ;:':':lm,;;.:.nclliIC'iTt ,,:."d.nfd r;:E'Z: on i ng 7 ":"" [JEtte thi::::, (-ippll[i::',.t"..i.e:.n i:::; PIC:CC'ptS\cj ~to bE~ .fillf2d Dut tJY r::'.Lannir!q Departmf?nt) : 4h Applicant~s Name \person or business entity jn whose name thi!3 application is made): Norman J. & Elishka E. Michael Addr-e~';5 : 10460 Prestwick Road Boynton Beach, Florida 33436 -----.--.----.--.--.--------.-.-.--.--------------.----------------- rE':?l epholiE' r..lumber: 547-9407 5.. Agent~s Name 'personq .r :J.nv:! r.epr-.(:':'!~i~!lt.inq c:'lppl:i.c:':_~nt): . ._,~o~ -"J:'t. .p.: . .E:~~"Il. _.E:s_q.:. ___..__________ Addl'-E'~;:,S : 4700 N.W. 2nd Avenue, Suite 103 ------------.-----.------.----------------------------------- ....___B.o,,"__~":~()I1..J~_,~3~3_1_u( Te~._N,:. _. ~~ y ~ .?~: ~09~L_ _________ Planning Dep3rtment 1-86 paqe 1 ... .. Fe:.':!. c'phone Numb c,,~ : (407) 994-2090 6~ Property Owner~3 (or Trustee~sJ Name: Milnor Corporation Addl.-ess: 1337 N. Dixie Highway Lake Worth, Florida 33460 ---.-....---..----..-------..-.-.------.-----..-.-----------.-- Tel c:<phone ~JumbE'''- : 407/547-9407 .-.----------------.--------------------- Correspondence Address \if diffey-ent ttlan applicant Dr- ~gent):* - ....- -... --. -.- -.- ..~ -. -.. ..- ..- ~- -- .-. .-.. - -- - ~ ~.-......- --.- .-. -~ - --. -- .-- - . ..-. ~.- - .-..... -.- -..- -~ .-... -. --- ..... --.. -... .-- .If- This.; :i.~~ thE-? i:.'1.cidr.e'::::=":' 'j-f:j I.'.lhi(:h .311 :*()F:<nd.~;.,~:;~, lE-tt.er~:;!, ,::'tncl Dth,::o;l'- rflatf-~ri3.1.~::: !.oJ;.l! hc: 'ii :'tl.l.:.?d. 8~ What is the appllcant~s interest in the slJbject pJrcel~ (Ol.o.Jner'- ~ R\.t\l~-?r-" L.~:::~::;~~E":.?:, L-lLli]' dF.;.'r.- ~I D\=.-\'/(.;,-]. op(?r, CDntr~ ,:ll: t F'1.li.-chc;1.5t"~i":, C'l: Owner .-------------.----------------...----------.--- 9. Street Address or Lucation oi: Subject Parcel: Northeast Corner of C~~~_r:es_s _~nj__ ~~u_t!>~~~~ _~]E~_A.'l..:~~:_S~~~.f__~:,,,:~L___,____ 10. l_sgal Description of ~iubject Parcel: A parcel of land in Section 32, -- - - - - - - -- - -----~--------~ -- ---- _T,'2~s-.!>_!l' __L:5..!_~~u_t.!> L. ~,,!'JI_,,_~~_E~~~.,__~~~~. _()L.,~().~~~2'~_~,e_":c, .~~__F_l_o~~.~_".!_P."l_m._. Beach - .- -.. .-. ,-- - .~~ g'2t1.~I:.Y-'_~():re_ !''':.r~!5~~a_r! .L~"-,,c:r~~e_d .~."._f.o!~()\oI:~:__~~:_E_a" ~_"-6!!__ ~'=_e:_~~__~h..:,~'=_s!._ 510 feet of the North 380 feet of the South 420 feet of the Northwest 1/4 of Section 32, ---------.---------..----...-.-----.-----------------.------.------------------.---- }_o>l1l": hip_4 5 _South".. ~,,:_~~e..~ ~ _,E,,,_,,,~ ,__~~~ 'Z()~ ..!l~J':n_t(),Il_ ~:"c!:.~, ~()ll.:':~. ,()!,_P' ":~~, ..!l_: ":.c_~, _.. X~ ()r.i_da'_.L..~~S__1\}jD_E~~~~~_. ~":I1:~s_ _~"- ~ c::~~ "-~ ,!-_n" ~.f_ fico ~":~. _R,,:"-:..~s__~()()k_l ~~. ~~.... _~":!!. ':' _670 . - 11~ Area of SLlbject Parcel (to the nearest hundred.th (1/100) of an acre): __ ,~-"~ ~_"~Ili ~~_. __4:. .9~.._ ""_r,.,,, '-- .._Ill-".~ "- _()z:_~:s_ s_ __ _ __ ___ _ _ __ _ _ ___ _ __ _ _ _ ___ ____ _, ___. ___ Planning Dep0rtment 1-86 page 2 -- .. 1~~ Curi~ent Zoning Dist~ict: m m _m ____ _ _m'ml',::. ~1IA__ S P'-!,DL m _ ,_ _ _ __ _m_ 13. Proposed Zoning District: C-l (Office Professional) 14. Current Land lJse Category: Office Commercial 15. Proposed Land Use Category: Office Commercial '1.6" Int.f:)ndf?t1 LJ.~;\:::;! of SUbjE;lct. P,7:tt'Mcel:: Professional Office Building, ~ ~_t.!~.~.~!. ~.~.. .}:!:~ ~ ~_t_':l:E .~~.I!:.~..!.....:: ~..<:_...__ 17. Devel~Jer or BuildGr: _ __ _ _ml>l~~.?~'::: __~,oEP- ~,:::a_t_i()n m m _1 ~)}_ _!,!,_ __,D_~_,:,! "- _IIigl1",ay-, ~al,:e_,,() ~ tl1' __!' !o,rmi~,: m, J3_~6 0 if::: u ?'irct1:L t.E'ct:: __Sho"plMcI<it1!ey _()~__mB_(),,_,,_Raton 19. Landscape Architect: 20. Site Planner: 21. Civil Engineer '-.'"... Tra.ffic Enqirlser: .....-;~ '~'..M' . ~3ur.\/eY()I'- : .... .... _..9..~.~ E.~.~.P. ~.. Sui teE .~.. ....9..~..~E!. E!_~.. ... II. ~AD~B!Ab~_!Q_~~_~Y~~!II~Q_~!!~_QEEbl~AI!Q~ The followlng materi31s sh311 be submitted, jn two (2) copies. {check) x ,;:\" This application form. ___15,__10 " A copy of the last recorded warranty deed. x c. The following documents and let.ters of consent: X 'I) If the property is under joint or several ownership: conscrl't .to th~ applic~tiDn bl all OWflers 01. record, dnei I:) ~~Jl'- i t ten (2) If the applicant is a contract purchaser: A COP\/ of the pur-chase con'tract and wri'tten consent of the owner- and 3eller~ and (~:::) I+ the appl iC;::tnt. i~~~ rE~prE-?SF2nt(?[j by ,an ,::\Ltthol'-i::c~cI a~~(.~nt: (.) copy of the agency agr"eement, or written consent of the applicant, and (4-) If the applicant IS a lessee: A copy of the lease agreement, Planning Department 1-86 pagl~~ 3 ... .. (I:)) E;;j.,::ting and pl''''opDs.:?(1 ']I--<:\L:!f~ f.01e\l<7:l"t.iCJll:;d (c) r::::~:i.~:~tif'ig [i!'- PI'"'"uposed If,,12.tel'"'" bDcli(o~!5~ (d) Form of ownership and form of organiz3tion to maintain common spaces and ~ecreational facilities. (e) A w~itten commitment to the provi5ion of all necessary -facilitic::.s fOl'"'" :~~t(Jr'm dr-,::\inaqE~:, I-'J::.~t[~I'- ;::iuppl';/, !:;F!~JE:l.qE' collE'ct.ion 3nd treatment~ 301id waste disposal, ha~ardo\J3 waste disposal, fil'-F,' pt-Dt,ect,ijJfl~ E~2':\5E~mpntl:, Dr- 1'-:i.ghts.-Df~-\.^Ja""/!J rOj"dl;.JElY3~, !'"'"ecl'"'"eation 3nd par~ areas, school sites, ar,d other plJblic imprQ'~ements or dedications as may be ~eq\lired. (11) FLJr r3zonil'g~ .to plannoej zoning districts, th8 specl'~],C requirements For submission of applicaticJrlS for rezonir1g to such districts shall a150 be sati3fied. FlJrthey-more, 311 materials required for a subdivision master plan shall also be 5ubmittRd. I I I " BEEbl~BI!g~_EE~~~ Fees sh,alJ be paid d.t tho time 'th~t the 3pplication is submi'ttGd, 3ccording tCI .the fees which have been ~dopted by ordinance O~ resolLlticJn. The I~lanning Depar.tment will inforln the applicant as to the fee~ whic:h ar0 required. All fees ~tlall be paid by chec~~ payable to the Cit~ D't Bnynton Beach. IV. ~[BIIE!CBI!gN (I) (We) und~r.3tarld that this application and all plarl and papers submitted herewith become a part of the permanent records of the PI.::lnni.nq iH1Cl ZClr'iinq Bc)ar-d~ (I) (We) hE~reby ce~ti-fy th,~t the abO\;i;? statemel,ts ancl any statements or showings in any papers or plans '::;ubroj, t.t:,(:::,~cj hE'r~[?w:i. th ,,':It-'E' tr-uE-? to the bf:~~~;t o'f (my) ((JUI'-) knowl edge <..I,nd belief. This application will rlot be accepted unless signed /2c "or'diI'lCJ to ,I: hE' i.l'lstl-"uctiol'l'; bed.D'''_ ~;;;~'u -'~,'-;;:j:-O::':;;:;~;::(~~) ';;::-:r;::;::;;;;t;;~. nr'Aui:h(Jr-ized F'r-incipEJ.l if prClpe;-i.:y is owned by a co~poration or othe~ business entity~ Di:::.te 'J. Signature of Authol~ized Agent Date., (I) (Wp) hE-?r-E~by dEISi gni::\tp. the\ ab(]ve ;;i qned per-o;;c)n Z-l _ni: ~JJ Lh r-'~\i,"~\I-orJ 1:0 l:l1l '; ..:\ppllcatlon~ ,/. .~~c-~~ (Sj~~-;;:;;'-;;f-O~;~;;;::(;;;,)--;:;;::,--;.;::\~.;t~~~ " Plannlng Department 1-86 page 7 i:1-.:5 (my) ((jLll--) ':'Hott~lori::ec:l Date .. of the agency agreement, or writt~n consent of the applicant, and' (4) If the applicant is a lessee: A copy of the lease agreement, and the writte~"consent of the owner, and (5) If t~e.applicant is a corporation or other business entity: Thl name of tha-officer or person responsible for the application, and wri~ten proof that said person has the delegated authority to represent the corporation or other busines~ entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. ____d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months. prior to t~e date of submission of the application, at a scale prescribec by the Planning Department, and containing the following information: ____(1). An accurate legal descriptio~ of the SUbject parcel. . ____(2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. ____(3) A tree survey, which conforms to the rOquirements of the City of Boynton Beach Tree Preservation Ordinance. This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with thQ application. e. A complete certified list of all property Owners, mailinQ addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county court house shall be furnished by the applicant. Postage, and mailing labels or addressed envelOPes must also be provided. Said list shall be accompanied by an affidavit stating that to the best oi the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. ____i. A copy of the Palm B,ach County Property APPraiser's maps showing all of the properties referred to in paragraph e. above, and their relation tc the subject parcel. ____g. A statement by the applicant justifying the :oning requested, including reasons why the property is unsuitable for development under thl existing zoning and more suitable for development under the proposed zoning. . , ____h. . A comparison of the impacts that would be created by de~elopment unde, the proposed zoning, with the impacts that would be created by developmen under the existing zoning, which shall include: (1) A comparison of the potential square fOOtage or numl.er and type 0 . dwelling units under the existing zoning with that which would be allowed under the proposed zoning or develQ~ment. (2) A statement of the uses that would be allowed in thF proposed Planning Dept. 4-86 page 4 zoning or development, and'any particular uses t~at would be excludvd (3) Proposed timing and phasing of the development. (4) A.comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be. generated'~nQer the current zoningl also, an analysis of traffiC movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accomodate such traffic movements (in! copies). For proposed developments which would generate three-thOusand (3,000) vehicle trips per day or more, or two-hundred fifty (2~0) or more single-directional vehicle trips within a one (1) hour period, a traffic impact analysis shall be required (in ! copi~s). Said traffic impact analysis shall include proje~ted trip generation for the development, for all major roadways and intersection~ within one and one~half (1.5) miles of the subject parcel, as well MS traffic that would utilize local streets through residential zoning districts. Said traf~ic impact analysis shall compare traffic levelS between the existing zoning and the proposed zoning or development of the subject parcel, and shall take into consideration all development that would be possible under the current zoning within the City, adjacent cities, and within the unincorporated area of Palm Beach County within.a radius of five (5) miles. For those parcels lying in the. unincorporated area of Palm Beach County, which are not currently zoned for urban land uses, the potential land uses according to the Palm Beach County comprehensive plan shall be used. Where said parcels are shown on the Palm Beach County comprehensive plan under residential land use categories, the midpoint of the.density range shown on County comprehensive plan shall be used. Where a county-widE study of traffic generation at build-out has been adopted or is utilized by Palm Beach County, the levels of traffic that are projected by said study shall in all cases be uswd to project background traffi,c in the traffic impact anAlysis submitted by the applicant. ThR format and standards used in the traffic impact analysis shall be the same as those which are requirQd by Palm Beach . County, with the exception of the reqUirements listed ..bove. Such traffic impact analY$is shall include recommendations for the mitigation of traffic impacts, consistent with the standards which have been adopted by 0,:" are utilized by Palm eeach County. ____(5) Fo~ parcels larger than one (1) aCre, a comparison of the water . demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm eeach County Health Department for estimating such demand, unle.s differvnt standards are justified by a registered engineer. Commitment to the provision of improvements to the water system shall also be inclUded, where existing facilitie. would be inadequate to serve deVelopment under th. proposed zoning. (6) 'For parcels larger than one (1) acre, a comparison of sewage flow' that would be generated under the proposed ~oning or develop~ent w1th that which would be generated under the existing zonlng. SaWage flow' shall be estimated using the standards adopted by the Palm Beach Planning Dept. 4-86 page 5 . County Health Department for estimating such flows, unless different standards are justif{ed by a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, wher.. the existing facilities would be inadeguate to serve ,development under the proposed zoning. ..~ (7) For propssed residential developments larger than one (1) acre, a comparison of the prcjected population under the proposed zoning or development with the prOjected population under the existing zoning. Population projections according to age groups for the proposed development Shall be rCiquired, where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposCid zoning.' Applications for rezoning to commercial or industrial zoning districts which exceed one (1) acre in area shall' also provide prOjections for the number of employees. (8) ~t the request of the Planning Department, Planning and Zoning Board, or City Council, the applicant Shall also submit proposals for minimizing land use conflicts with surrounding properties. The appl i cant shall ,provide a summary of the nui sances and hazards associated with development under the proposed zoning, as well as proposals for mitigation such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular ases, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, screening -of service areas and mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances an hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulatlons and the standards contained in the City'. noise control ordinance. Also, statements concerning the height, Clrientation, and bulk of structures,. setbacks from property lines, and Measur.. for screening and buffering the proposed development shal; be provided. At the reque.~ of the Planning and Zoning Board or City Council, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. .' (9) A~ the request 0+ the Planning Department, Planning and Zoning Board, or City Council, the applicant shall also submit the following information: ' ____(a) . Official solI conservation service classification by soil . associations and all areas subjwct to inundation and high ground water levels. (b) EKisting and proposed grade elevations. (c) EKisting or proposed water bodlQS~ (d) Form of ownership and form of organization to maintain common spaces and recreational facilitieQ. (e) A written commitment to the prOVision of all necessary facilities for Gtor~ dralnage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire Planning Dept. 4-86 page b protection, easements or rights-6f-way, r~adways, recraation and park areas, school sites, and other public improvements or dedications as may be required. ____(101 For.rezoning. to planned zoning districts (PUDs, PCDs, and PIDs), the specific requirements for submission of applications for re:oning to such di$trict~hall also be satisfied. Copies of evidence for unified co~trol~nd development of the property, as well as condominium, homeowners', and property owners' association documents shall b~ submitted in three (3) copies for planned zoning districts. Furthermore, all materials required for a subdivision master plan (in ~ copies, including survey) shall also be submitted. III. eEEbI~eIIQ~_Egg2& Fees shall be paid at the time that the application i~ submitted, according to the fees which have been adopted by resolution. A fee schedule is attached to this application. All fees shall be paid by check, payable'to the City of Boynton Beach. I V . !:;gBI.!E1~eIIQ~ (1) (We) understand that this application and all plan and P4pers submitted herewith become a part of the permanent records of the Planning .md Zoning Board. (X) (Wel hereby certify that the above statements and any sta~ements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and b ief. This application will not be accepted unless signed according the instructions below. SEP ~) ('" '\OO;,~ 0:.; "~ : ;_:' !:) -- -- -------- gn ture of Owner(s) or Trustee. r uthorized Principal, if property i owned by a corporation or other usineSli entity. ----~------------- Date J. ~!,l~O"'IZATI Cif::zL-- --- Signature of Authorize f'. ~'~ ,~.. c, , ,,,,.-,,,, '.' '~ '" VG- ~ ------------------ D",te (I) (We) hereby designate the above signed persol'1 as; (my) (our) au~hori:ed . t with regard to this:application. ------------------ Date e of Owner(sl or Trust.., or horized Principal if property is own~d by a corporation or other bu~iness ~ntity. Plal'1ni~g Dept. 4-86 page 7 \~. JIA..-18-1Q!l1 02:22pm 91-204193 r , ORB 6895 pg 1431 DECLARATION OF COVENANTS AND RESTRICTIONS 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 1t-4 day of (fJI<Y assigns, hereby , 1991, for themselves, their successors and declare that the Lands described herein are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and limitations hereinatter set torth. ARTICLE I RECITAUl 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 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 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 Lando for the benefit of the City of Boynton Beach and for persons of record owning adjacent real property to the Lands (the "P~op.rty owners"), and for no other persons, in accordance with the restrictions and limitations set forth herein. The wvovernln; associations," of adjacent real property are as tollowsl Boynton Beach Leisureville Community Association, Inc., as to the Alhambra Square North parcel, and Gol fv!ew Harbour 1 LAW OF"F"ICES ROBERT A. EISEN. <4?00 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. aOCA RATON, F'LORIOA 33431 BOCA RATON (407) 994 - 2090 . WEST PALM BEACH (407) 738.0388 . BROWARD (305) 760. 90es i ORB 6895 '" 1432 Estates, Homeowners Association, , '.~ . Inc., as to the Alhambra " Ine. ;;1 and, Golfview ;;;1- HarbOur Estates 'Square South and Alhambra Square ACLF parcels. .l-.~' ~, 1>\1 AR'J.'ICLB II LEGAL DESCRIPTION The lands which are and shall be held, transferred, sold, conveyed and OQq\1pi~ ..1,'" :"," Palm Beach coUnty, Plot" this DeClaration are situate in "lJtf1~!:fi,City limits of the city of in Exhibit "A" attached hereto ana 'fl'C"'" , . ~:, ,~..'i -.l.. ....."" III A.~ 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 (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 qoverned by the provisions of Paragraph C. (7) hereinafter set forth; 1 2 LAW orF'.CES ROBERT A. EISEN. 4700 NO~THWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON. F"LORIOA 33~31 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738.038a . BROWARO (305) 760-9088 1 ORB 6895 P'3 1433 residential areas. (4)' designed and . . '.~' ar.~,. shall be extinguished C. The following .. . ." '<., developmental limitations shall height; re ACLF: ",~,.,. '.7'II~ries '<~ in ,J~'; be.. ,~eeper than ,,~~~!i"~*:ij., '. '~'~;\~":r,,,~~;( be .~. . dWllpsters located a , shall be located at least ~! .bundr.r teet: troa 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 resid~l~' . ue..~'. " ., " :./',: ',' ".. ~..,.' ,~.' ." ~', . . t "".. '".'. ......, .' '\P;lllt",,,,~:,.;, ""'-' 11:00 ,~It..~ Park! . ., ;~".'..j ">. ..t:~>;~~tJt"~!f';.',,; height per.ltted lot lighting shall be extinguished at i#..~91l~1h9 poles shall be at the minimum ~~;". !::, " tyof Boynton Beach; (5) U.. of the subject property shall be limited to an Adult Congregate Living Facility (ACLF); (6) A; combination of landscaping and wall (the "Wall") '"' .~1 be, ;oepatructed 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 Of'f"ICES ROBERT A. EISEN. ...700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, SOCA AATON, F"LORIOA 33431 soc.... RATON ("'07) 80....2080. WEST P....L... BEACH ("'07) 738-0388. BROWARD (305) 780-9088 Owners agree to install "Ii' and maintalli~", " . (9) -.; .,*. improvements shall be constructed or install,. ':>'~'~-~~?i' ;.;~::!{~~}, Drainage District right-of-way south of and Alhambra Square ACLF parcels; and each entrance, (10) Deceleration entry lanes shall ~j;:ff_,:)~~ :,;',. .. if deemed necessary by the City of Boyn~ori Be~ob~fJf\ ARTICLE IV USES PERMITTED/PROHIBITED; LIMITATIONS ON USB The Future Land Use Element and Zoning of Parcel Future Land Use Element Zoninq Parcels shall be: Alhambra Square North Office commercial C-l (Office ',' professional)'~ :>f. ~'t';" '':~ ~ R-3 (Multi-F~11y) ACLF with no Ie.. than 248 apartments Alhambra square South MUlti-Family and Alhambra square ACLF Residential ARTICLE V RESTRICTIONS DEEMED COVENANTS :{~~ ;;:}, .g:",."...",~ .' i!'-f~~;"t; t"~:"":'ill-, c ; '-? -'~i' t;;~ " - ~"i deemed COY.~U ',- ",-,,' '" I" These covenants and restrictions shall be 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 bind1119upon the undersigned Owners and their successors and WITNESSES: OWNERS : 4 LAW O"''''ICES ROBERT A. E.ISEN . .700 NORTHWEST aOCA RATON BOULEVARD. SutTI: 103. BOCA "ATON. "LOMDA 23A3t BOCA RATON (407) 994 -2090 . WEST PALM BEACH (<407) 738 -0388 . &ROWA"D (305) 7eO.80.. ORB 6895 P9 1435 . . ~1];;~p~""'::~4 COUNTY OF PALM BEACH ) ) ..:' ) ?:~i4~~','~"" .;>'f'~~; i :_::~'", ~jjt,""- W"'\i'- _ "t:, ",~:,,: ,>' ; ~;\oI '.,',0: , , .,;.~, 'Ii." \~~~;l, STATE OF FLORIDA I HEREBY CERTIFY that on thi. dty, before me, an officer duly authorized in the. s~t." =. afore..id, to take ackn<;,wledgements, p8raona,ll, '.~ '" .... !.HORMA1f:~". JUCllABL, Pres~dent of Milnor eorporM::UIIl. ., <".'. ' orida corporation, and NORMAN J. MICHAEL, indivldmlYi'. _11 known to me to be the person described in and wbo. ~~ the foreqoing instrument, and he acknowledged be-,,'__.. "",. ~~ the! sa. in the presence of two 8ubllC,Jf'.i8. J:f...._,.....)X~~... ..,..... ",;,;..'~~lY"'" VOl~.. .ta...!'.... . ."t$t"~,!~,.~r~~W1:r.'\':,' ;f. '-. ,',jf,. :~-.,r ' ;'1'i;..' '", WITNESS my hand ~rliJ" official ,f)eal in the coun. t. Y' ".' .~". ..... .I:^;." last aforesaid, this ~ day of "'1 .{~t t . .". ......1 . ",'1 " . '." . ,,~\. .... ~ .!!t. . ;::, . ',," l .'~' , ". ~~. ""''''.t --j ..!'. ~.t." . . . .. ~ I ~ .:rtf" IIl( r' ...J ,.:.~ St.;, . -. . ...oJ':' . ,..,(0; 10-", t:;,J :t,' if) : :j:J~ .~ :...~ :t '.'~ ,'.. ~lf ~ 7" ~_ _,I }i..~. '. '.~. ,.' ," '1 .;:. ""'('. ......,: '-'l4.....u... '" . ,~ .. "'. ~...~" >}:i..;.,i J , ........... ,'jo f..'~. ' -"'lr ,,'.' ::" -e' ~ ,,' .... '. (j ~ ~t ..,~,J~ ... '.., '\,\'/.,1;' . .; 1,:1 II' ~ : It' ," "i> . (": My commission expires: NOTARY PU8\.1C STATE 1\ MY COMMISSION EXP. OCT. 7.1994 BONDED THRU GENERAL INS, UNO. 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. My commission expires: ~:t~IC STAlE OF FLORIDA 'gglliH txP. OCT. 7.1994 . III~u dfl<<RAl. INS. UNO. . official seal in the County and st,.te day of _0'\ Cl..A-1 , 1991. \ 0)tJ'I~nlL L. fltl~ NOTARY PUBLIC)' .~.",S.:\ \.>..; Y;;l~. .(, ~,.~~... 'J.' j '.. O. ','> \; , ,,~~...: .I.: .:....'~,'.lr, ::'. 'I ~ ~":""oJ .. ~' '., '.' 0 ~.' ,I"', "'L' 'IC) ...... ~:... /~. ..., _'- ,It,:.":: '. (I', . .'. ~,...., .. ...... .:,. ..,'. ^ ..,.' ~'. ":.~ r. ....._~...;. " ~..J..:: o:~ ',1~ ........ ~v ,:. :'" (.' . ....~'\\~ ,,";' -"" ,.'tr; . "",\ " "'ll"'ffl.,l,...""''. WITNESS my hand and last aforesaid, this ~~ "1' , ,'.~ ,"',.,.\', ~ ,,' DrCONDOOO.jh t 5 LAW OF"FICES ROBERT A, EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD. SUITE 103. aOCA RATON, f"LORIOA 3301131 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388. BROWARD (305) 780-0088 ORB 6895 pg 1436 . . ~. . EXHIIUT "A". . :) "";t.'" ALHAMBRA S~UARE NOR'l'll 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 We.t 510 f.....of the North 380 feet of the South 420f4aet'i'o. f.. the... NO. rtb...........f ji,'~;:. L.i ..' Section 32, Township 45 South, Range n;~~.."CUY p~~ach, County of Palm Beach, Florida, l.~'i ana except .1ailctia described in Official Records Book 5402~.,,' 670. ~(, , 3rd Section, city of Boynton Beach, ", to plat thereof recorded in Plat Book 30, Records of Palm Beach county, Florida. Less and not including: Commence at the Southeast corner of Tract 4, as shown on the plat entitled Golf View Harbour 3rd Section, city of Boynton Beach, Florida, according to the plat thereof recorded in Plat Book 30 on gage 119, Public Records of Palm Beach County, Florida: thence N.2 21'36"W., along the east line of said Tract 4, a distance of 104.29 feet to the Point Beginning of the right of way to be herein described: thence continue Northerly, along the same course, a distance of 92.69 feet to a point of tangency of g curve concave to the Northwest having a central angle of 88 15' 44" and a radius of 15 feet: thence Southerly and Westerly along the arc of said curve, a distance of 23.11 feet to a point of reverse curvature: thence Westerly, Southerly and Easterly, along the al(,c of a curve concave to the East having a central angle of 197 43'52" and a radius of 40 feet, a distance of 138.04 feet to the Point of Beginning aforedescribed. And less and not including: A parcel of land lying in Tract 4 of the Plat of Golf View Harbour Jrd Section, city of Delray Beach, Palm Beach County, Florida, as said plat is recorded in Plat Book 30 at pages 119 and 120 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Begin at the Southeast corner of said Tract 4: thence N. 20 21'36"W., on a plat bearing, along the East line of said Tract 4, a distance of 104.29 feet to an intersection with a curve concave to the North, said curve being a cul-de-sac as recorded in Official Record Book 2584, at pages 479 and 480 of the Public Records of Palm Beach County, Florida, a radial line from said intersection bearing N. 21049' 44"W.: thence Westerly along the right of way of said cul-de-sac and along sgid curve, having a radius of 40.00 feet, a central angle of 29 03'12", and an arc length of 20.28 feet to an intersection with a line being 20.00 feet West of, as measured at right angles, and parallel with the saiel ,a..t 1.ine, of Tract 41 thence &.2021.'36"8., a10n", saiel ptlraU..l :U....l"'.i'OJ..Unoe of lOa. 56 feet to an inter.eotion with the ICNth 11M of ..1d 'lracrt: 4' thence ". .,038, 24"E., aloftlJ .aid South l1ne, a di.tance of 20.00 feet to the .aid Southea.t corner of 'lracrt: 4 and the Point of 8eqinninCJ. D:condooo.jh RECORO VERIFIED PALM BEACH COUNTY, M JOHN B, DUNKLE CLERK CIRCUIT COURT 6 LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, F"LORIDA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388. BROWARD (305) 760-90e8 ",::. " ',. . ";. ".,',., " . ,'.~ ... ,',' '" THIS INSTRUMENT PREPARED BY: MYRA GENDEL, ESQ. POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 ,I RETURN TO: MYRA GENDEL, ESQ. POST OFFICE BOX 3888 WEST PALM BEAClf,l FL 33402 8723 r WARRANTY DEED ~_ tI. -.: THIS INDENTURE, made this ~ day of ~ , 1988, between BARNETT BANK OF PALM BEACH COUNTY, formerly known as FLORIDA COAST BANK (f/k/a FLORIDA COAST BANK OF PALM BEACH COUNTY and FIRST BANK AND TRUST OF PALM BEACH COUNTY), a corporation existing under the laws of the State of Florida, and having its principal place of business at 625 North Flagler Drive, west Palm Beach, Florida 33401 of the County of Palm Beach, State of Florida, Grantor, and MILNOR CORPORATION, a Florida corporation, whose post office address is: 1467 Southwest 25th Place, Boynton Beach" Florida 33426, Grantee (which term includes the singular or plural, as the case may be): WITNESSETH. That said Grantor, for and in consideration of the sum of TEN AND NO/IOO DOLLARS ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: A parcel of land in Section 32, Township 45 South, Range 43 East, Ci ty 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. Property Control No. 08_43-45-32-00-000-3022 SUBJECT, HOWEVER, TO: easements of record; subsequent years; Restrictions, reservations, and and property taxes for 1988 and and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered BARNET OF PALM BEACH ~~ presence: \ 2-... COUNTY ~ ICT-YUrl. w~t~,~Y: f ) _" 0 Its, ~\OC Ie President (2)~..J- . .F-4.a ATTEST//'~ ~ AS TO BOTH I> :it ' 0 P retary (BANK SEAL) ~ .' ,~:~:~W;;t' " ^ " ,i'.. , . " , ~. . . ~i , ," ,", '."?', STATE OF FLORIDA ) ) ) COUNTY OF PALM BEACH ~ f; ,.,- a' :~l .,.: .: " ;:!.:.! .:.7,' ..;.,.3;' " r'.' -: >..... :" :'r The foregoi:hij "instrument was acknowledged before me this 30th day 0 f June, 1988, by Raymond E. Weeks , as Senior Vice President of and Marjorie Kelly , as Corporate Secretary of BARNETT BANK OF PALM BEACH COUNTY, a Florida banking corporation, on behalf of the Bank. WITNESS my hand and official seal in last aforesaid. this 30th day 0 ne (NOTARY SEAL) and State N TARY PUBLIC My Commission Expires: "-;:~~,::,":':'\ , . " t ", ,.'. ..:' J, ~'w I . '., .' :. .:. '~::::"-: ..~, ;,~,~ ~ ':',' ::....}.L.: ,".. ,~., ,. ... I . ':.J' r:~ u:..... i:::.;. n/7/:11 , , . '". . . ';v' jr.' f: ,. '. I. I " r t , I. , -. A F F I D A V I T STATE OF FLORIDA ) ) ) ss. COUNTY OF PALM BEACH BEFORE ME THIS DAY PERSONALLY APPEARED CHARLES PUTMAN , WHO BEING DULY SWORN, DEPOSES AND SAYS: That the accompanying Property Owners List is, to the best of his knowledge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest offi- cial tax roles in the County Courthouse for all property within Four Hundred (400) feet of the below described parcel of land. The property in question is legally described as follows: SEE ATTACHED EXHIBIT "A" 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 450 feet of the west 510 feet of the north 380 feet of the south 420 feet of the N.W. 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. . FURTHER AFFIANT SAYETH NOT. ~:&?~ Sworn to and subscribed before me this 28th day of ;1.9 88 ~ .j, ; A.D. N tary Public ~ State of Florida at Large My Commission Expires: November 30, 1991 nt .:l. .';X; I EXHIBIT "A" 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 SOUARE SOUTH/ALHAMBRA SOUARE 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) 9