REVIEW COMMENTS
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-405
TO:
Jim Cherof
City Attorney
Tambri 1. Heyden, AICP 7ifIJ
Planning and Zoning Director
FROM:
DATE:
July 29,1997
SUBJECT:
Alhambra Square South settlement agreement - changes requested by adjacent property
owners
Please see the attached letter received by the property owners adjacent to the proposed ARC at Boynton
Beach project (scheduled for Planning and Development Board review of the site plan on August 12,
1997). This property was fonnerly known as Alhambra Square South of the 1990 Miinor settlement
agreement. The property owners are requesting changes to the screening requirements set forth in the
settlement agreement. In the C-I zoning district (the zoning of the subject property), the code allows a
wall to be replaced with a dense vegetative buffer of at least two feet in height at time of planting.
Therefore, if you are going to forward to the Commission on August 5, 1997 (or any other time) a
proposal to change the Milnor agreement for Alhambra Square North (now know as Walgreen's), it
might be advisable to combine the requested changes for Alhambra Square South.
TJH:dim
Xc: Kerry Willis, City Manager
\PROJECTSWhambra Square South\changes requested - settlement.doc
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July 23, 1997
Tambri Heyden, AICP
Planning Director
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Re: ARC at Boynton Beach
ACLF Project at Congress Avenue & SW 23rd Avenue
Dear Ms. Heyden:
At our regularly scheduled board meeting on July 21, 1997, Mr, Bradley Miner of Charles Putnam
& Associates met with our board and presented the proposed assisted living project at the southeast
corner of Congress Avenue and SW 23rd Avenue. The purpose of the meeting was to familiarize our
board with the project and to discuss the landscaped buffer along the south property line, It was
agreed upon by the board that in lieu of a wall which was a stipulation in the agreement, that a
combination berm and landscaping approach is more desirable to buffer the Golfview Harbour Estates
community. The type of buffer and landscaping discussed was as follows:
an undulating berm approximately 3 to 4 feet in height;
a hedge installed at 2 feet on center at a height of 2 feet to be maintained at a minimum of 3
feet;
canopy trees (such as live oak, mahogany, etc.) to be installed at a minimum of 1 for every
30 linear feet at varying heights of8 to 14 feet, (In no event to be less than 30 trees)
We understand that the landscape buffer is a condition of a stipulation of agreement for the subject
property, This letter serves as our approval of the landscape buffer pursuant to the above minimum
criteria,
Sincerely,
(~-
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Audrey Fain
President
cc: file (AlGoUViewICorrespIBulfer.ltr)
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MEMORANDUM NO. 91-508
October 16, 1991
TO:
Tambri Heyden, Senior Planner
".' ~
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',/ .:.~,
Attorney~lr\ y
FROM:
Jay D. Mussman, Assistant City
RE:
Declaration of Covenants and
Restrictions for Alhambra Square
Attached is a copy of a letter I received from Peggy L.
Carry. dated October 10, 1991, together with copies of the
original recorded Declaration of Covenants and Restrictions
for Alhambra Square, for your files.
JDM/ras
Ene.
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PLANNING DEPT.
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LAW QF'FICES OF
ROBERT A. EISEN
SUITE 103, CO~PORATE PLAZA
4700 NORTHWEST BOCA RATON eOuLEVARD
BOCA RATON. FLORIDA 334:31
I=IOBERT A. EISEN
PEGGY L. CARRY
THOMAS A. BERGER
BOCA RATON (407) 994.2090
wE.ST PALM BE....CH (407) 738-0388
BROWARO (305) 760 9088
FAX (407) 241 1510
MAR"- A. R1GAU .
. PI....NNING CONSULTA",T
October 10, 1991
Jay D. Mussman, Esquire
Josias , Goren
3099 East commercial Boulevard
suite 200
poZ'i: Lauderdale, FL JJJ08
Re: Declaration of Covenants and
Restrictions for Alhambra square
Dear Jay:
Enclosed herewith please find photocopy of original recorded
Declaration of Covenants and Restrictions for Alhambra square. I
am sorry we did not forward a copy of this recorded document
to you sooner. You will note that the record titleholder and
signatory for Alhambra Square North is Milnor Corporation, and
the record titleholders and signatories for Alhambra Square South
are Norman J. Michael and Elishka E. Michael. These are correct
and are in accordance with the certificate of Title prepared by
Michael M. Listick, Esquire, in which he states that the owner of
Parcel I is Milnor Corporation, a Florida corporation, and the
owners of Parcel II are Norman J. Michael and Elishka E. Michael,
his wife. This certificate of Title was previously forwarded to
you.
I trust that this clarifies the ownership of the parcels to
your satisfaction, and we may now proceed with closing out our
files on this matter. It has been a pleasure working with you.
PLC: 1m
Enclosure
er t Ui::1YOU s,
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. eggyfrl. (P. arry
cc: Norman J. Michael
(c:mussman.ltr/lm)
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JUl-18-1OO1 02:22pm 91-204193
ORB 6895 P'3 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 flAil (the
"Lands" ) on this 1;) day of (f!AY 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 hereinatter set torth.
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:
Office Commercial
C-l (office
professional)
Alhambra Sauare South:
and
Alhambra Square ACLF:
Mul ti-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 r.strictions and limitations set
forth herein.
The
-CJovernlnq associations," of adjacent real property are as
tollows: Boynton Beach Leisureville Community Association, Inc.,
as to the Alhambra Square North parcel, and GoHview Harbour
1
LAW OFFICES ROBERT A. EISEN. <Q?OO NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, f"LQR'OA 33"31
BOCA RATON (407) 994-2090. WEST PALM BEACH (40?) 738-0388 . BROWARD (305) 760-90B8
i
ORB 6895 P9 1432
Estates Homeowners Association, Inc. and Golfview Harbour
.~ .
Estates, Inc., as to the Alhambra Square South and Alhambra
Square ACLF parcels.
ARTICLE II
LEGAL DESCRIPl'ION
The lands which are and shall be held, transferred, sold,
conveyed and ~:CUPi.d,.,,~j,,~i~,,:~~\~_~,,1.,."DeOlaration are situate in
. .,1~:~~t~f;~(;,,~~
Palm Beach County, Plorida,~within'th. city limits of the city of
<if
- .'
attached hereto
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be buH t 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;
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(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 OFF"ICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, FLORIDA 33431
BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388. BRQWARD (305) 760-9088
.'
Vlltl 6ti'7'::> 1"'3 14.3..5
designed and
residential areas.
extinguished
"
areas shall be
C. The following developmental limitations shall
,square ACLF:
:;~',*i{t~_,Ft
two.' stories in
height:
than
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located
. ~'
away. fro.
adjac.n~.' c!.ft~ shall be located at
r . ~ ',.'
leaat :h>hundnd" f~.t froll the south property line of the
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Alhambra Square South and Alhambra Square ACLF parcels:
(4) All lighting in area parking shall be
desiqned and installed so as not to shine directly into adjacent
, ~
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res;~~~~,~~~~;~,,:,. ar:~l~,t lighting shall be extinguished at
11: 00 '~~.M~:~;: park~~, t.' ' ~,;;';a., ,1qhtll\C1 poles shall be at the minimum
....,4'fr '>, .'f.c:'f'.<t>
height peraltted by~tti.,elty of Boynton Beach:
(5) Ua. of the subject property shall be limited
to an Adult congregate Living Facility (ACLF);
(6) A combination of landscaping and wall (the
. "Wall") , ahall. be. ~ constructed on the south property of the
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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"'FlCES R08ERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, F'LORIDA 33431
BOCA RATON (.cO?) g04 -2000 . WEST PALM BEACH (.c07) 738 -0388 . BRQWARO (305) 7eo.g088
(9)
Owners agree to install and mainta'in~ ,:n,' rJC" )'~, ..
improvements shall be constructed or in.ta';~':'I~~'jd~i~~'-, ," .
. ":." );;~.' .~ :" ..~~,~'~,;.~ :..~~',."~, ,~~~/!'''...'
Drainage District right-of-way south of the Alhambra square South
and Alhambra Square ACLF parcels; and
(10) Deceleration entry lanes shall be provid,edat .
" '~''i'.,....~,;~'~":~-.;. - ".ff:' .\..~ "c~
each entrance, if deemed necessary by the City of Bo~t~n Be~cli: :">\;,, ,
ARTICLE IV
USES PERMITTED/PROHIBITED; LIMITATIONS ON USE
The Future Land Use Element and Zoning of
Zoning ''Ie ~..~tr't..;, *.:~~;;,~.;:;,;~~.'...""t' ~
- - ,.~,- .."..... ~ .>;;,~--
: ~. - .i ~ ~'4.,;;; ,~ " '
C-l (Offioe"/.~:;~;;'
professional)'~"~t '
,'. . "~~ .
R-3 (Multi-Faaily)
ACLF with no Ie..
than 248 apartment.
Parcels shall be:
Parcel
Future Land
Use Element
.,
1
Alhambra Square North
Office Commercial
Alhambra square South MUlti-Family
and Alhambra Square ACLF Residential
ARTICLE V
RESTRICTIONS DEEMED COVENANTS
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deemed covenant.:
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 binding upon
the undersigned Owners and their successors and
WITNESSES:
OWNERS:
4
LAW OF"F"ICES ROBERT A. EISEN , ~700 NORTHW~5T soc... AATON ISOULEVAAO. SUITK 103. BOCA RATON. "LOIltIDA 33ll13t
BOCA RATON (407) 994 -2090 . WEST PALM BEACH (407) 738'0388 . BAOWARO (305) 7&0.8088
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STATE OF FLORIDA
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COUNTY OF PALM BEACH
My commission expires:
I HEREBY CERTIFY that on this day, betore me, an officer
duly authorized in the State, and'~un~ aforesaid, to take
acknowledgements, personally' appeat:ill'~ NORMAN *" J. MICHAEL,
President of Milnor corporatiqn, '.:ra .Plorida corporation, and
NORMAN J. MICHAEL, individUally,", well known to me to be the
person described in and who,. executed the foreqoing instrument,
and he acknowledged before Ilia tb~be executed the, same in the
presence ot two su1lscr1bill9;witn..~).~r,e.lY! and vol!lntarily. ,
. '.,~.;~;,r.::4~'~:~."';'~l~~"''''':'~ :~~~ \~~,,*( . ~ ; \-;, ~~(~~~" ~i~~:< .
WITNESS lilY hand ,a:jt' otticial ..lled in the County' apCl,.~t!''te ~;
last aforesaid, this day ot ~".'\ " i~~9D!"'''l(;~., I
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KOTAR' PUBliC STATE II
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:
~rf;lt STAlE OF flORIDA
. , . dII txP. OCT. 7.1994
n lIlu U UfM!RAl INS. UNO. ,
official seal in the County and state
day of ~ (1.A.., , 1991-
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NOTARY PUBLIC ..,' .~ ....,':',.1, '. /.../,;.1(... ....
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WITNESS my hand and
last aforesaid, this ~~
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LAW OF"F"ICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEYARD. SUITE 103. acc" RATON. f"'LOR1[)A'33<431
BOCA RATON (401) 994' 2090 ~ WEST PALM BEACH (401) 138 '0386 ~ BROWARD (30S) 7eo-g068
.
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ORB 6895 pg 1436
EXHIBIT "A"';,
ALHAMBRA SOUARE NORTH
A parce~ of land in Section 32, Township 45, South, Range 43
East, C~ty of' Boynton Beach, Florida, Palm Beach County, more
particularly described as tollows:
The East 460 feet of the West 510 feet of the North 380 feet of
the South 420 f..t..of the NOrth~L,1:~,t.l'Zl,lJ..~!,!>~ Section 32, Township
45 South, Range 0:' Eaat," City of'""BOynton"Beach, County of Palm
Beach, Florida, 1...' and except landa described in Official
Records Book 5402, P~ge 670.
"t.,. "
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Tract"4,!.t, Section, city of Boynton Beach,
Florida,'" 'a z.:d1nq to plat thereof recorded in Plat Book 30,
pages 119 and 120, Public 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 S
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 arc of a curve concave to the East having a central
angle of 197043'52" 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 3rd 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 said curve, having a
radius of 40.00 feet, a central angle of 29003'12", 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
said East J.ine ot Tract 41 thence S.202J.'36"E., along "aid
paZ'all.l' l1n.," ...', 41.tano. of 102.56 taet to an intersection with
the South line of .a1d Tract: 47 thence N.87038'24"B., along said
South line, a diatance of 20.00 teet to the said Southeast corner
of Tract: 4 and the Point of Beginning.
D:condoOO.jh
6
RECORD VERIFIED
PALM BEACH COUNTY, FlA.
JOHN B. l1t1NKLE
CLERK CIRCUIT COURT
LAW Of"nCES R06ERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD. SUITE 103. BOCA RATON, F'LORIOA. 334.31
BOCA RA.TON (40?) 99.q -2090 . WEST PALM BEACH (407) ?38 .0388 . SROWARD (305) 760-9088
MEMORANDUM
, l.e
P~~3
TO: Jay Mussman, Assistant City Attorney
FROM: Tambri J. Heyden, Senior Planner
DATE: June 25, 1991
SUBJECT: Alhambra square North and Alhambra square ACLF
Declaration of Covenants and Restrictions -
File Nos. 443 and 444
Please be advised that I have reviewed and researched the latest
revised Declaration of Covenants and Restrictions for the
above-referenced projects forwarded to me with your May 17, 1991
memorandum. I have two comments relative to Peggy L. Carry's
letter to you itemizing the changes. First, Ms. carry's letter
refers to an approved site plan. To avoid future confusion,
please inform Ms. carry that a site plan has not yet been filed
or approved; only the land use amendment and rezoning pursuant to
the stipulation and Settlement Agreement. Therefore, before
application for permits can be made, site plan applications will
need to be submitted which incorporate the developmental ..
limitations specified in both the stipulation and Settlement
Agreement and the Declaration of Covenants and Restrictions.
secondly, my research indicates that the cul-de-sac location shown
on the legal description sketch attached to exhibit "A" of the
latest, revised Declaration is the same location that is depicted
on the county tax maps to reflect a 1976 abandonment and
rededication. Therefore, the cul-de-sac location does not appear
to have changed since the initiation of this project, contrary to
Ms. carry's letter which states that a different direction was
depicted on the "approved site plan that what was originally
proposed". Despite my desire for clarification on this issue
from Ms. Carry, the revised Declaration appears to be acceptable
for recordation.
/'
J~~~Z'~
TAMBRI J HlhD
TJH:cp
cc: Chris cutro
MEMORANDUM
TO: Jay Mussman, Assistant City Attorney
FROM: Tambri J. Heyden, Assistant City Planner
DATE: February 5, 1991
SUBJECT: Declaration of Covenants and Restrictions for Alhambra
Square - File Nos. 443 & 444
In response to your memorandum (no. 91-43), I have reviewed the
revised sUbject declarations and I have no further comments.
TJH:frb
"
MEMORANDUM NO. 91-18
January 14, 1991
TO:
Tambri Heyden, Assistant City
Planner i ~'\\ \
Attorney 1
,
',,-;"...-.2.,....
FROM:
Jay D. Mussman, Assistant City
RE: Milnor Corporation (Alhambra Square)
Attached is a copy of a letter, with attachments, dated
January 3, 1991, which I recieved from Peggy L. Carry. I am
in the process of reviewing this, and ask that you do the
same and advise me as soon as possible if you have any
questions or comments.
Thanks for your assistance.
RECEIVED
JAN IS .q(
PLANNIJ~G DEPT.
-
JAN-14-'91 14:28 ID:JOSIAS AND GOREN
TEL NO:305-771-4923
~
4
..
LAW O",..ICC:. C,.
ROll~RT A. EISEN
.UI"!"1 ,Oli, C;OptPOO~"'TE PLAZA
."00 NO__T~,^,E.T eoc... ""'TQN .OU~~VA~D
BOCA KATON. J'LCJUDA 00401
1ItO.E.....?,... ,"'liEN
"'EOGy L. C.A.lIt11.v
THOllllAS A,. 1It;_uER
.OCA RATON ("07) SlSliA-20QO
WilT ....LM .I:.&C;::'" (.011738-0388
.~"'RO(30~)7~O.'08a
...... (407)"'101510
...Ar,It<A, .,0"1.0.
. "'lo.A~NING CO"".V.,."",T
January 3, 1991
Jay D. Mussman, Esquire
JOSIAS , GOREN, P.A.
3099 last Commercial Boulevard
suite 200
Fort Lauderdale. Florida 33308
Re: Milnor Corporation vs. The
City of Boynton Beach
Dear Jay:
Enclosed herewith pleaee find revi.ed Declaration ot
Covenant.. and Restrictions for Alhambra Square, with the legal
description that waa numbered aa page 7 now being renumbered as
page 6. I have verified thia as the correct legal, aB was ~Old
to me by the city planner for the City of Boynton Beach 1n our
telephone conference call. There wae .om. contusion as to which
le9&1 was oorrect, and I have verified that thi. i., indeed, the
correot legal. As I told you on the telephone, I had. already
done the reviaions to the document that you had. requested to
oonform the Declaration to the exact terms or the Court
stipulation.
I hope that we can conclUde this matter shortly.
y<~
p
PLC/ksb
Enclosure
B:LTR03
l
JAN-14-'91 14:29 JD:JOSIAS AND GOREN
TEL NO:305-771-4923
11523 Pl!2
I
I
,
DECLARATION OF COVENAH'l'S >>lD RESTRICTIONS
FOR ALHAMBRA SQUARE
KNOW ALL MEN BY THESE PRESENTS, that the und.~siqned OWners
of t.he property described in the attached Exhibit "A" (the
"Lands") on thic
day of
1990, tor
thQmcelves, their CUCCQssors and assiqns, h.~.by declare that the
Land. described horoin are and shall be held, transferred, sold,
oonveyed and oooupied subject to the covenants, rectrictions and
limitations hereinafter set forth.
ARTICLE I
RECITALS
Section 1.
The I.Indel:'aigned Owners have ent.ered into a
stipulation and Settlement Agr;eement wit.h the city of Boynton
Beach, Florida tor an amendment to the tuture land use element. of
the City's Comprehensive Plan and/or rezoning of the Lands as
follows:
Alhambra Sauare No~th:
A.lhambra Square South:
and
Alhambra Sauare ACLF:
FUTURE LAND
USE E!.EMEHT
Office Commercial
ZONING
C-l (office
professional)
MUlti-Family
Residential
R-J (mUlti-
family) ACLF
with no less
t.han 248 units
section 2.
As a condition of said StipUlation and
Settlel1lent AgreeMent, the undersigned agree to impose certain
developmental limitations upon the use of the Lands.
Section 3.
It ic the express intent of the undersigned
to perpetually rQQtrict (e~copt to the extent permitt.od pl.lreuant
to the provisions of Article VIII hereinaftor Qot forth) t.he use
of the Lands for the benefit of the City of Boynton Beach and for
persons of record owning adjacent real property to tho Lands (the
"Property Owners"), and for no other persons, in accordance with
the restrictions and limitathm5 set forth herein. The
"govern1ng associations," of adjacent real property are aa
follows: Boynton Beacn Le1sureville community Associat1on, Inc.,
as to t.he Alhallll:>ra square North parcel, and Goltview HllrJ:lour
1
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.OCA RATON (.Q") ..oQ'EO'O . W~:5T ~"'1.1\o'I .E.AC~ (.0'") "0& .o,:,ee . .IIlIQw..."'D (30_) ".0-.0..
,.TAN-14-'91 14:29 JD:JOSIAS AND Ga<EN
TEL NO:30S-771-4923
11523 P03
Bs~a~.s Hom.owner. Aaeooiation, Inc. and GOlfview Harbour
E:otate., Inc., all to ~he Alhll1\lbra Square South and Alhambra
SquAre ACLF pare.lo.
ARTICLE IX
LEGAL DESCRIPTION
The lands which are and chall be held, transferred. sOld,
conveyed and occupied subjeot to thia Ceclaration are situate in
palm BeaCh County, Florida, within the oity li~itc of the city of
Boynton Beach and a~e delJcribed in Exhibit "A" attached heretd
and made a part hereot.
ARTICLE III
DEVELOPMENTAL LIMITATIONS
A. The structure or structure:; 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 building shall exceed two stories in
hdghtl
(2) All dumpster$ shall be located away from
adjaoent reeidential aroao,
(3) There shall be oonatructed a six foot zoning
boundary wall be~ween Alhambra square North and adjacent
single-tamily craas. Conatruction/landlloaping ot said boundary
wall/hedge shall be coordinated with the governing aooooiation of
the aajacent residential property, and the existing buffer hedge
shall be removed and replaced with sod and landsoapinq to the
specifications of the governing asSOCiation, all to be done at no
cost to the governing association.
said approval 8hall be
governed by the provisions of Paragraph C. (7) hereinaft8r set
forth:
2
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, "__ _.. JAN-14-'91 14:30 ID: JOSIAS AND GOREN
TEL NQ:30S-771-4923
=523 P04
I
I
I
I
~.
(4) All lighting in parkin; areas shall be
designed and installed so as not to .hine directly in to adjacent
residential areas.
All liqhting in parking areas shall be
axtinguichod at 11:00 P.M.; and
c.
The following dQvelo~Qntal limitations ahall
I
apply to Alhambra Squaro South and Alhambra Square ACLF:
(1) No building shall eXoeod two storie. in
height;
(2) The roof pitch shall not be steeper than
~(12;
(3) All dumpsters shall be located away from
adjacent residential areas, and the dumpsters shall b. located at
least one hundred feet from the south property line of the
Alhambra Square south and Alhambra square AeLF parcelsr
('I) All lighting in area parking shall tle
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 limitea
to an Adult Congregate Living Facility (ACLF);
(6) A oolllbination of landtoapinq and wall (the
"Wall") s:hall he constructed on the south property of the
Alhambra Squaro South and Alhambra Square ACLF parcels:. The plan
and design of the Wall shall bo coordinated with and approved by
the 90verning assooiations of the adjaoont residential property,
and said approval shall be in accordanoe wit.h para9raph (7)
below. The wall shall be constructed at no cost to the governing
associations;
(7) Approval by the governing associat.ions shall
not be unreasonably withheld.
(8) At such time 8S building plans are presented
to the City ot BOy~ton Beach tor permit, copi.. ot the wall plan
and site plan shall be submitted to the governing associations:
3
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JAN-14-'91 14:31 JD:JOSJAS AND GOREN
TEL NO:305-771-4923
11523 P05
(9) With the exception ot landscaping, which the
Owners aqree to in..tall and maintain, no parkint,l s:pace.. or
improvements ghall be constructed or in.talled in tho Lako Worth
Drainago District right-of-way ..outh of tho Alhambra Squaro South
and Alhambra Square ACLP parcel..: and
(10) Doooloration ontry lan.. .hall be provided at
each entrance, if deemed neoessary by the city of Boynton Beach.
ARTICLE IV
USES PERMITTED/PROHIBITED; LIMITATIONS ON USB
The Future Land Use Element and Zoning of the Alhalllbra
Parcels Shall be;
parcel
Alhambra square North
Future Land
use Element
Zoning
Office Commercial
C-l (Office
Professional)
R-3 (MUlti-Family)
ACLF with no less
than 248 units
Alhambra Square South Multi-Family
and Alhambra Square ACLF Residential'
ARTICLE V
RESTRICTIONS DEEMED COVENAN'l'S
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 bindinq upon
the undersiqned Owners and their successors and as..igns.
WITNESSES!
OWNERS I
ALHAMBRA SQUARE NORTH
MILNOR CORPORATION, a
Florida corporation
By: Norman Michael, President
ALHAMBRA SQUARr; SOUTH and
ALIiAl'lI5RA SQUARE ACLF
Norman J. Michael
4
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JAN-14-'91 14:31 ID:JOSJAS AND GOREN
TEL NO:305-771-4923
11523 P0G
. '
Elishka E. Hicbael
STATE OF FLORIDA l
lss:
COUNTY OF PALM BEACH )
I HERBBY CERTIFY that on this day, betore me, an Officer
duly authorhCld in the State and County aforesaid, to take
aolcnowlodg-_ents, parsonally appeared NORMAN J. MICHAEL,
President of Milnor Corporation, a Florida corporation. and
NORMAN J. KICHA.EL, individually. 101011 known to me to be the
person dascribed in and who executed tho for.goinq instrument,
and he acknowlod90d before me that h. executod the same in the
preeence of two sUbecribinq witnesses fr.ely and voluntarily.
WITNESS my hand and offioial Cloal in tho County and state
last aforesaid, this ____ day of , 1990.
NOTARY PUBLIC
MY commission expires:
STATE OF FLORIDA l
)ss:
COUNTY OF PALM BEACH )
I JIEREBY CERTIFY that on this day, before me, en Officer
duly authorized in the state and County at'oresaid, to talce
acknowledgel\\ents, 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
Ny oommis.ion expirCls:
(B:CONDOOO.Xsd)
5
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JRN-14-'91 14:32 JD:JOSIRS RND GOREN
TEL NO:305-771-4923
11523 P07
. .
EXHIBIT irA"
lH .lU_,U SOUARE NORTH
A parcel of land in Section 32, Townghip 45, South, Range 43
East, City of Boynton Beaoh, Florida, Palm Beaoh County, more
partioularly described as followCl'
The Eagt 460 feet of the West 510 foot of tho North 380 feet of
the South 420 foot of tho Northwest 1/4 of seotion 32, Tcwnehip
45 South, Rango 43 East, City of Boynton Beach, County of Plllm
Beaoh, Florida, less and except lands desoribed in Official
Reoords Book 5402, Page 670.
I\LHAMBRA SOUARE SOUTH/ALHAMBRA SOUARE ACLl'
Golf view Harbour Section 3, Tract -4 (leSS curve area Southwest
:c3th Street and East 20 teet of South 104.29 teet) as recorded in
Plat Boo~ 30, page 119, PUblic Records of paIr.! Beach county,
f'lor1dll.
(BICONOOOO.pg9.ksd)
6
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_0'0'" R...TON (""07') 9'....1t0.0 . WEST PALM .t:....e"'" ("07) 7'3&'0:'.8' ."'OW.....D (3o~l '1CO'.OI!SO
MEMORANDUM NO. 186
December 5, 1990
FROM:
Jay D. Mussman, Assistant City
Planner
~ ~y\ I ,I' r:1v
Attorney ~
TO:
Tambri Heyden, Assistant City
RE:
Alhambra Square Declaration of Covenants
Please advise me if the legal description attached to
Exhibit "A" has been verified to ascertain it is correct.
I appreciate your assistance.
RECEIVED
..Jt;.1,; 5 1990
PLANNII'lG DEPT.
,
.1
MEMORANDUM
.
TO: Jay Mussman, Assistant city Attorney
FROM: Tambri J. Heyden, Assistant City Planner
DATE: November 20, 1990
SUBJ: Alhambra Square North, Alhambra Square South/ACLF
File Nos. 443 and 444
Declaration of Covenants and Restr~ctions
Please be advised that I have reviewed the above-referenced
documents. My comments are as follows:
1. Page 2 of the "Declaration", Article III.A.l. - I do not
know the origin of the stated bUilding setbacks, since I do
not find such a restriction in the stipulation and
settlement agreement. I assumed the setbacks in the Zoning
Code for the C-l district were to be imposed.
2. Page 2 of the "Declaration", Article III.B. (3) - The first
sentence allows a choice between the provision of a boundary
wall or boundary landscaping. The stipulation and
settlement agreement, page 4, states a six foot zoning
boundary wall and does not mention landscaping as an
alternative.
3. I am confused as to why the "Declaration" is being changed.
I assumed that it had already been recorded as it is stated
on page 6 of the stipulation and settlement agreement that a
recordable Declaration was to be delivered to the City
Attorney prior to the first public hearing on the rezoning
which was June 19, 1990. I also notice that the term and
amendments section, page 5 of the "Declaration", Article
VII, does not set forth proviSions for amendments. The
stipulation and settlement agreement, page 6, states that
the "Declaration" cannot be modified without the consent of
Boynton Beach.
4. Since the Current Planning Division, and as far as I know,
the Planning Department, was not a part of the negotiations
that took place between the developer and the city
Ccmmission, my review of these documE~ts is limited to a
comparison of the Etipulatlon and se~tlement agreement to
the revised "Declaration", prOVided by your office. I
cannot evaluate language in the reVised "Declaration" which
is more stringent than language contained within the
TO: Jay Mussman
-2-
November 20, 1990
cont'd
4. stipulation and settlement agreement (hence comment #1
above) or evaluate more strlngent language that has been
deleted from a previous version of the "Declaration".
~'(). ?#t~-r/
Tambri J. ~yden
tjh
A:Milnor
xc: Chronological File
.
.
MEMORANDUM
FROM: Jay D. Mussman, Assistant city Attorney
9~
TO: Tambri Heyden, Assistant Planner
RE: Alhambra Square Declaration of Covenants and Restrictions
(hereinafter "Declaration") and Stipulation and Settlement
Agreement (hereinafter "Agreement")
DATE: November 9, 1990
Pursuant to our recent telephone conversation, attached hereto
please find the revised Declaration of Covenants and Restrictions
for Alhambra Square.
Please review same at your earliest convenience and advise me of
your comments.
Thank you for your assistance in this matter.
JDM/jrm
letters
BBch
Enclosure
cc: J. Scott Miller (without enclosure)
Christopher cutro (with enclosure)
PLANNING DEPT. MEMORANDUM NO. 90-151
TO: James Cherof, City Attorney
THRU: Timothy P. Cannon, Interim Planning Director~
FROM: James J. Golden, Senior City Planner
DATE: May 16, 1990
SUBJECT: Alhambra Square - Declaration of Covenants and
Restrictions
The attached document was submitted to the City in accordance
with the Stipulation and Settlement Agreement for Milnor
Corporation vs. The City of Boynton Beach (see section 11 on
pages 4 through 6 of the attached Stipulation and Settlement
agreement for specific details).
Please review the attached document for legal sUfficiency and
have this document recorded, as outlined under item b(9) on page
6 of the document.
)71C-~tL
GOLDEN
JJG:frb
Enc
cc: City Manager
Central File
A:PM90-151