SWIMMING POOL ADDITION
Richard G. Stead
45 Vista Del Rio Drive
Boynton Beach, FL. 33426
Residence 561-375-9793
Cellular 561-445-0381
City of Boynton Beach
Mr. Bulent Kastarlak
Director of Development
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33425-0310
December 16, 1997
Dear Mr. Kastarlak;
Per your request today, December 16, 1997, attached in chronological order are the swimming
pool's specifications as initially requested by the Homeowners Association. First is the initial
application for the swimming pool. Second is a fax cover and the survey which was requested by the
Association to evidence the purchase of the necessary property to satisfY the rear set -back. And last
is a copy of the approved "Application for Alteration" as provided to me, by the Homeowners
Association.
In addition I have enclosed a copy of the original Real Estate listing to support an earlier
statement made by me, November 25, 1997, that the home was advertised as having "Room For A
Pool".
cc:
Mr. Emil Scipioni
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SHORELINE' HOMEOWNERS ASSOCIATION. IN~.
APPLICATION FOR ALTERATIONS
OWNER NAHE:gC'A'fg--,,?'#$4V C-~...rau?.;t"".-;y
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ADDRESS: ?:'S- ~.f?:/p ~~.? A""/c7
DATE: /~~97
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PHONE: ..?7J-- :?7P./
OESCRIBE IN DETAIL, TYPE OF ALTERATION & MATERIALS TO BE USED:
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An application requesting approval of any alteration which occurs outs~de
the exterior walls of the bui14ing MUST BE ACCOMPANIED BY A SKETCH
INOICATING LOCATION. SIZE AND TYPE OF CONSTRUCTION. AND OTHER PERTINENT
INFORMATION.
If approval is granted, it is not to be construed to cover approval of any
County code requirements. A building permit from the City or Palm Beach
County Building Departments will be required on most property alterations
or improvements.
As a condition precedent to granting approval of any request for a change,
alteration or addition to an existing baSic structure, the applicant, the
heirs and assigns thereto, hereby assume sole responsibility for the
repair. maintenance or replacement of any such change. alteration or
addition. It is understood and agreed that the Association and Associated
Property Management of the Palm Beaches, Inc., are not required to any
action to the repair, replaceaent or maintenance of any such approved
change, alteration or addition, or any damage resulting therefrom tor any
reason to the existing original structure, or any other property. THE
UNIT OWNER ASSUMES ALL RESPONSIBIL~~D COST FOR ANY ADDITION OR CHANGE,
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OWNER'S SIGNATURE
ACTION BY
APPROVED:
NOT APPROVED:
DATE:
Oct-22-97 D2:5SP Ledsworth
561 375 9793
P.01
FAX
TRANSMISSION
RIcK STEAD
45 Vista Del Rio Drive
Boynton Beach, FL 33426
561-375.9793
Fax: 561-375-9793
To: Skip Scipioni Date: October 22, 1997
FuN: 56)-588-2411 Pages: two
I-rom: Rick Stead (including cover sheet)
Subject: Eight Foot Land Purchase
- 2-97 02:58P Ledsworth
561 375 9793
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their inter.lt Inav app"r; Jeff ramberg. Esq.;
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01 the Clerk Of the Circuit Court in and tor Palm Belch CDlInty, Florida.
recorded in Plat 8c)c)1c. 43. Pages 24 through 28.
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Associated Property ~~~~7.~~
400 South Dixie Highway, Suite 10, Lake Worth, Florida 33460 561-588-7210
October 28, 1997
Mr. Rick Stead
Mr. Don ledsworth
45 Vista del Rio
Boynton Beach, Fl 33426
Re: Shoreline Homeowners Association, Inc. - lot/Account #30045 - Application for Alteration
Dear Mr. Stead and Mr. ledsworth:
Enclosed please find your aDDroved application to
install an in-ground pool and drcular drive
per the specifications provided in your application.
Please retain this approval in a safe place for possible future reference.
Thank you for your cooperation in this matter.
Sincerely,
Associated Property Management
of the Palm Beaches, Inc.
Egq5ciP~
Property Manager
For the Board of Directors
Shoreline Homeowners Association, Inc.
Enclosure(s)
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Richard G. Stead
45 Vista Del Rio Drive
Boynton Beach, FL. 33426
Residence 561-375-9793
Cellular 561-445-0381
BUILDING DIVISiON
City of Boynton Beach
Mr. Bulent Kastarlak
Director of Development
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33425-0310
December 10, 1997
Dear Mr. Kastarlak;
It was a pleasure speaking with you on December 10, 1997. Thank you for taking the time to
explain what is necessary to accomplish the chore of building a swimming pool. I am optimistic any
misunderstandings are in the past and we can proceed forward.
Mr. Kastarlak, per your request please find enclosed copies of the Quit Claim Deed from Lake
Worth Drainage District and copies of the Easement Deed back to Lake Worth Drainage District. In
addition to your request, I have provided you with the preliminary draft, to amend the set-back
requirements for pools and pool enclosures, signed by the necessary number of Shoreline Homeowners
to amend the Declaration of Protective Covenants, Restrictions, Reservations, Servitudes and
Easements. Sequentially is a copy of a particular letter dated July 30, 1997 from the Shoreline
Homeowners Association to the City of Boynton Beach referencing "Application for Variance". In
conclusion please find the letter from St. John, Dicker and Caplan to The Shoreline Homeowners
Association who drafted the "Written Consent" to amend the Declaration of Protective Covenants,
Restrictions, Reservations, Servitudes and Easements along with the legal draft of the amendment. In
an effort not to confuse the issue, the "Legal Draft" of the amendment has not been executed at this time
because we felt there was not a necessity since I procured additional land which would not necessitate
changing the "set-back requirements or the Master Plan.
During our conversation you suggested the possibility of a smaller pool or a different
configuration. I am open to design options, however; there is a two fold problem with size reduction.
In negotiating construction proposals with the various pool companies a continual question arose as to
the purpose of the pool. "Were my needs based on recreation or for physical exercise"? Because its
purpose was non-recreational the recommendation was redundantly made that I try to maintain a size
no less than thirteen feet by thirty feet if the predominant purpose was for aquatic exercise. Because of
the availability ofland, set-back requirements and off-sets to the building I purposely downsized the
pool to eleven feet, eight inches by thirty feet. Based on prior experiences eleven feet plus is sufficient
boundaries for two people to swim abreast comfortably and safely. Secondly, there was a potential
argument referencing the Associations "Protective Covenants", ie; "to guard against the erection theron
of Doody desill11ed or proportioned structures built of improper or unsuitable materials, to 2htain
harmonious architectural schemes".
Mr. Kastarlak, you and I touched on the fact this is an isolated situation. One being it is purely
comprised of hardship. Secondly, of the ninety three homes in Shoreline there are thirty that back up to
the E-4 Canal which assures there is a minimum of one hundred and fifty feet from each respective rear
lot line to the next closest rear lot-line. Additionally, of the thirty homes on the E-4 eight already have
pools and five additional homes sit on vastly larger parcels of property. I would be happy to research
the remaining sixteen homes in an effort to support the fact they do not face the hardship of being land
locked. I feel strongly the research would conclude the rear of the homes are "_" shaped in design or
"L" shaped in design which ultimately render themselves to a minimum of twelve feet by thirty five of
additional buildable property to the rear of the home, very much opposite of a "U" shaped home.
Additionally, I think it is important to understand Lake Worth Drainage District had a precedent
concern very much like yourself, that being, what happens if everyone else starts purchasing Right of
Way property? I believe if you review the minutes of Lake Worth Drainage District's meeting of
September 17, 1997 it was conclusively decided that number one, there would have to be "excess" Right
of Way property before any sale was contemplated. Secondly, hardship would be a interpreting factor.
Per our conversation, it is my understanding that you are going forward with requisitioning a
variance and I can expect to hear from you relatively soon. Mr. Kastarlak I understand the amount of
research that is necessary to achieve the ultimate task. Please do not hesitate to request my assistance
if! can be of help to you and lessen your burden. It would be my pleasure.
cc;
Mr. Emil Scipioni
---- ._~~-"..-_._---- -- ._~,---_._--_...-
~
Richard G. Stead
45 Vista Del Rio Drive
Boynton Beach, FL. 33426
Residence 561-375-9793
Cellular 561-445-0381
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City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33425-0310
November 25, 1997
Dear Ms. Heyden:
It has become a evident that there are a number of people at the City of Boynton Beach that
are incapable of guiding and directing a local taxpayer on how to properly execute and procure an
application for a swimming pool permit. Ms. Heyden, I am desperately seeking your assistance in
procuring a building permit for a swimming pool for my personal residence in a competent and timely
manner. Outlined below is a sequence of events since 1996 that has led up to my total exasperation.
I have been asked by Ms. Vanessa Llera to involve you in this matter, she has assured me if anyone
is capable of cutting through the political bureaucracy I have become entangled in, you are. I suspect
upon reading what has developed in acquiring a swimming pool permit you will agree it is
unconscionable what the City of Boynton Beach has put me through both physically, mentally and
financially.
The purchase of our home was consummated in November of 1995. The listing and selling
BUIL.DING DIVISION
Realtor was Tomberg Realty. The home was advertised as having room for a swimming pool.
Additionally the previous owner confirmed there was indeed room for a swimming pool. Beginning
in early 1996 and lasting into late 1996 we began getting estimates for construction of the pool and
in doing so we were informed by the contractors there was not enough property to build a swimming
pool, based on the required set-backs and the distance the pool must be from the house. In an effort
to skirt a potential lawsuit for misrepresenting the property I had a contractor provide estimates to
remove the Lanai including the roof which would allow the pool to possibly be constructed at a right
angle to the rear of the home. This effort proved to be economically unfeasible.
Furthering our attempts to construct a swimming pool I went to a Homeowners Association
meeting in July of 1997 to see if this problem had come up in the past or if the board could provide
additional input into my situation. A board member suggested I petition the board of directors to
._--_._--._-------~_._._._--~_._-- -- - -
2
amend the Declaration of Protective Covenants, Restrictions, Reservations, Servitudes and Easements
to change the set-back requirements. To execute this they informed me I had to get 51% of the
associations approval before the board could amend the documents. Between July 25th and July 26th
of 1997 I solicited each homeowner until I had achieved the required number of signatures.
Additionally I was informed the City of Boynton Beach enforces set-backs and easements so in
addition to amending the documents I would also have to request a variance from the City of Boynton
Beach.
On July 30, 1997 the Property Manager, Mr. Scipioni, submitted on behalf of the Board of
Directors a letter to the City of Boynton Beach informing the necessary person(s) of the proposed
amendments. On August 6, 1997 the legal staff for the Shoreline Homeowners Association drafted
and supplied the proposed "Written Consent in Lieu of a Meeting" regarding the amendment. On
August 12, 1997 I met with Mr. Warren DeLouch from the City and reviewed with him what had
transpired up to this point, in discussing what had transpired he called upon Ms. Vanessa L1era for
assistance and further instructions on how to go about requesting a variance. While explaining how
to go about applying for a variance Mr. AI Newbold entered the meeting and listened for several
minutes before interrupting and informing all of us that "because Shoreline was an entity of Dos
Lagos and Dos Lagos was a PUD a variance was prohibited". In rebuttal, I explained to Mr. Newbold
the association informed me they could amend the documents and the city has granted variances to
homeowners in a PUD in the past. Mr. Newbold insisted "the city never had and never will grant a
variance to a PUD". He went on further to explain, based on what I was trying to accomplish I would
have to either execute a "Master Plan Modification" for Dos Lagos or secure additional property and
promptly exited the room and left the three of us standing there. I was astounded with Mr. Newbold's
demeanor. What was he thinking? What he may precieve as being an elementary task may not be
quite so simple and clear-cut for the layman. On August 14, 1997 Mr. Skipioni was contacted by Mr.
Jerzy Lewicki, Acting Senior Planner, for the city of Boynton Beach. Mr. Lewicki informed Mr.
Skipioni the city could not grant a variance because Dos Lagos was a PUD and therefore the Master
Plan had to be modified. Between August 12, 1997 and October 17, 1997 I did further research into
why the Shoreline Board of Directors led me to believe the city could grant a variance to a PUD. I
felt as though the Board of Directors were either misinformed or were misleading me. However, in
spite of how I felt I was in fact supplied with documentation where a variance in fact had been
3
granted to Andrew Fischetti and Patricia Fischetti at lot #114 in Stonehaven Subdivision. Not only
was a variance granted but it was granted for a swimming pool with a very like situation to my own.
The only difference being, as I understand it, the builder never pulled a permit or requested a recent
survey until a violation was cited. Needless to say I was quite distraught in knowing I entrusted the
authorities of the City of Boynton Beach to properly assist me only to find I had been lied to and
discriminated against for unknown reasons. More perplexing is the fact I still have to entrust the very
same people that have previously deceived me.
Once again in an effort to avert litigation and finger pointing I reluctantly opted to take Mr.
Newbold's suggestion and explore the options of acquiring additional land. Simultaneously while
researching the City of Boynton Beach's claims and actual events I solicited Lake Worth Drainage
District in an effort to purchase eight feet of their property. On September 17, 1997 I met before the
Lake Worth Drainage District Board of Directors and successfully negotiated the purchase of eight
feet of property. On October 10, 1997 Miller Surveying was contracted to survey the property and
supply to Lake Worth Drainage District a legal description and sketch of the proposed property.
Because of the costs involved in purchasing additional property versus the costs of a variance
I went back to the city on October 21, 1997 to speak with Mr. Newbold to find out the exact
specifics why a variance could not be afforded to a homeowner in a PUD. In his absence Vanessa
L1era explained to me, once again, no one in a PUD could request a variance nor would the city ever
give one to an individual. "If you live in a PUD a master plan modification must be applied for and
granted". I specifically asked the question, "if a pool was constructed and it encroached an easement
or set-back what would happen"? Ms. L1era assured me the pool would have to be removed, "the
city could not grant a variance". (Interesting, the homeowners at lot 114 in Stonehaven still have a
pool and a variance) I told her I wanted to know specifically why a variance could not be granted
and she suggested I speak with Jerzy Lewicki. I proceeded upstairs and siified in to see Mr. Lewicki.
I was told he was unavailable. I left the receptionist my telephone numbers and requested he contact
me. To no surprise I have not heard from him as of this writing. Being completely frustrated and
exhausted with the whole ordeal concerning the issuance of a variance I decided to proceed with
purchasing the additional property from Lake Worth Drainage District.
On October 25, 1997 I contracted Mirage Pools to construct a free form pool. Chris Vitalle
of Mirage applied for the necessary permits with the City of Boynton Beach. On November 25, 1997
~,-_.
4
I received a call from Mr. Vitalle stating the permit had been denied. He was informed of this by Mr.
Warren DeLouch. Mr. Vitalle requested Mr. DeLouch contact me and was told that would mean
extra work for him. Admittedly a little annoyed, I called Mr. DeLouch to find out what could
possibly be wrong now. He proceed to explain to me that because I lived in a PUD I could not
arbitrarily purchased additional property for a pool without first getting a "Sight Plan Modification".
I shared my frustration with Mr. DeLouch with the lack of knowledge and professionalism amongst
the employees of the City of Boynton Beach. I proceeded to chronologically share with him my
frustrations by telling him I was first told to get the necessary number of homeowner signatures to
amend the Association Documents and request a variance by the city, next I was told I would have
to acquire additional land or change the Master Plan to reconfigure the set -back requirements because
the City cannot grant a variance which was genuine deceit. In an grave attempt to avoid litigation
with the City of Boynton Beach I contracted a property appraiser and land surveyor to complete the
purchase of eight feet of property from Lake Worth Drainage District so I could satisfY the
Association By-laws and the policies of the City of Boynton Beach relevant to the set-back
requirements and which would ultimately provide a sufficient amount of property to construct the
pool. Now I am being told I need a "Site Plan Modification". I asked Mr. DeLouch if there was
anyone at the City of Boynton Beach that knew what they were doing. Besides the physical
exhaustion and the mental duress I have now incurred expenses in excess of$6000.00 because is was
misled once again. I am still without a pool permit and more than ever entangled in the Boynton
Beach bureaucracy. Mr. DeLouch sympathized with my frustration and asked that I speak with
Vanessa Uera of the Permit Review Department which I did and redundantly went over everything
with her. I was appalled when she expressed to me, "it was too bad I wasn't directed to the planning
department from the start". Being infuriated I informed her that this was my third contact with her
and I've had two prior contacts with Mr. Newbold and Mr. Lewicki refuses to call me back. Not to
mention the continual contacts I have with Mr. DeLouch who has nothing to do with the planning
department. Now just exactly what do you mean "it was too bad I wasn't directed to the planning
department from the start". Now that we are down to the crux of the matter I find it unconscionable
why I was ever allowed to converse with Ms. Uera or Mr. DeLouch until the Planning Departments
prerequisites had been satisfied. Ms. Uera asked that I speak with Mr. so and so the new bead of
whatever, (I did not hear who he was or what he was a head of, all I heard was the word "new") I
5
politely told her I prefer not to speak with anyone new, there are individuals currently involved that
have been with the city for a number of years that don't have a clue what they are doing. Being
appreciative of my observations she asked that I contact Ms. Tambri Heyden, Head of Planning, on
Monday December 1, 1997 and review everything that had transpired from the beginning with her.
Ms. Llera left me feeling confident Ms. Hayden could successfully resolve this deadlock.
Ms. Heyden please contact me upon your review of this letter so we may amicably resolve
the issuance ofa swimming pool permit. I may be reached at either 561-445-0381 or 561-375-9793.
cc:
Kerry Willis, City Manager
RECEIVED
f}I'C 2 1997
CITY MANAGER'S OFFICE
lJ!m
As50ciated Property ~~~
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BUILDING DIVISION
400 South Dixie Highway. Suite 10. Lake Worth. Florida 33460
561 - 588-7210
July 30, 1997
City of Boynton Beach Planning Department
100 Bast Boynton Beach Boulevard
BOynton Beach, FL 33425
Re: Shoreline Homeowners ASSOCiation, Inc. - Account #30045
Application for Variance
'1'0 Whom It May Concern:
This i. to inform you that the Shoreline HOlIIecwners
AsSOCiation, Inc. is currently seeking an amendment to their
Documents which would allow for homes on the 8-4 Canal to
construct pools up to the rear lot line.
Thank you for your attention to this matter.
Sincerely,
Associated Property Management
o~t~[.P.~lm Beaches, Inc.
(:.J( J---
Bail J, Scipioni, LeAH
Proper y Manager
For the Board of Directors
Shoreline Homeowners ASSOCiation, Inc.
CCI Board of Directors
SUtTE 600
I~! ~ w, ~ ~ W ~ ~I
iUUi IE liE ~i
I L_____ J I
l~l}!LDI~~G DIV~~Qt'}J
LAW OF"FICES
ST. JOHN, DICKER a CAPLAN
500 AUSTR...U....N AVENUE SCUTt-i
WEST P....l..M BEACH. FLORIDA 33401
DAVIO ST. ..JOHN
EOWARD OICKER
LOUIS C....PL...N
..JAMES N. "'NIVOK
OAV10 A. CORE
TRACY..J. LAR1ME~
SLAKE CRANE
TELEPI-40Ne: ('$450 655.8994
TEL.ECOPIER {~t51l e'59.0850
OF COUN51tL.
GEORGE SCr-tWINO. "'.A
August 6, 1997
Shoreline Homeowners Association, Inc.
c/o Asc~ci~tcd-Property M~nugement
400 S. Dixie Highway, Suite 10
Lake Worth, FL 33460
AUG 1 1 1997
Attention: Emil Scipioni
Re: Written Consent
Dear Skip:
Enclosed please find a proposed Written Consent in
Lieu of a Meeting, regarding an Amendment to Paragraph
VI, Sections 4 and 5, of the Declaration of Protective
Covenants, Restrictions, Reservations, Servitudes and
Easements of Shoreline Homeowners Association. Inc.
If you have any questions or comments, please do not
hesitate to contact me.
:;[i(J;l;'
~WARD DICKER .
For the Firm
EAD:aaq
Enclo9ure
17210108.061
SHORELINE HOMEOWNERS ASSOCIATION. INC.
WRITTEN CONSENT IN LIEU OF A MEETING
The undersigned owner (s) of a Lot within Shoreline and
member(s) of Shoreline Homeowners Association, Inc. consent(s) to
the following proposed amendment.
The original Declaration of Protective Covenants,
Restrictions, Reservations, Servitudes and Easements is recorded in
Official Records Book 3824 at Page 1513 of the Public Records of
Palm Beach County, Florida.
As used herein, words underlined are added and words Hj~hcfica
through are deleted.
PROPOSED AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS,
RESTRICTIONS, RESERVATIONS, SERVITUDES AND EASEMENTS OF
S~:O~U;:L];:m iIeMEOl"n:E~S AssoCrATIC!i, INC.
Paragraph VI, Sections 4 and 5 of the aforesaid Declaration,
shall be amended to read as follows:
4. Swimming pools, the highest projection of
which shall not exceed two (2) feet in height,
and outdoor fireplaces not to exceed six (6)
feet in height, may be erected and maintained
within the following setbacks; front twenty-
eight (28) feet, side (interior) ten and one-
half (10.5) feet, side (corner) eighteen (18)
feet, rear lot line eight (8) feet. However,
the rear lot line setback for Lots borderinq
the E.4 canal and its tributaries may be zero
(0) feet, providino a variance and anv other
necessary approvals are obtained from the City
of Bo.)'nton Beach and any other oovernmental
aoency or municipality.
5. Screen enclosures shall have an eight (8)
foot rear setback. However. the rear lot line
setback for Lots borderino the E.4 canal and
its tributaries may be zero (OJ feet.
providinq a variance and any other necessarv
approvals are obtained from the City of
Bovnton Beach and any other oovernmental
aoencv or municipality.
*
OWNER'S SIGNATURE
Date
SHORELINE Address
OWNER'S SIGNATURE Date
OwNER'S SIGNATURE Date
*To be valid, this Agreement must be dated and sioned by all
owners of a Lot.
17';.l 0100. OSW
-_._---~-_._---_._-~-_..-
, RETURN TO:
. LAKE WORTH DRAINAGE DISTRICT
13081 Military Trail
I Delray Beach, FL 33484
/'
roJ~r;~n\)'J~m
UO lEI I 811 ~
PREPARED BY,
MARK A. PERRY, ESQ.
50 SE Fourth Avenue
Delray Beach, FL 33483
BUILDING DIVISION
NOV-25-1917 3:04pm 97-423509
ORB 10103 Ps 1486
I ~.II.....nlll__H.1I:1
Con 1.00 Doc ,70
peN 08-43-45-17-01-000-0450
Doc. No. S226-A
OUIT-CLAIM DEED Canal No. E-4
THIS QUIT-CLAIM DEED, executed this -1.L. day of IJ~ . 1997 by LAKE WORTH DRAINAGE
DISTRICT, a Special Taxing District, existing under the laws of the State of Florida, and having its principal place of business at
13081 Military Trail, Delray Beach, Florida 33484, First Party, to: RICHARD C. STEAD, a single man and DONALD R.
LEDWORTH, )R., a single man. as joint tenants with rights of survivorship, whose mailing address is 45 Vista Del Rio, Boynton
Beach. Florida 33426, Second Party:
(....."_'ne...' uw..l ~'l"'" IN- Ie'''' "fp'~1 f'~rl'f" 4nd "~p(o-nd ...,IT.,.- inClude iI"IUlilf,nc1 pJuf.l, hetri, 1.1 rf1'rf'$f'nlali\l~, ."d .anianl of incliYidlj.". .,...d ltw ~1$Ors ,lrtd ."i,." 01 (Of~O'.II(JO', whe<lCvc' 11'1..
conlU! 'Ii .ldmlll Of fl?QI,jHt'S.)
WITNESSETH, That the said First Party, for and in consideration of the Sum of Ten ($10.00) Dollars in hand paid by the
said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-<Ia,m unto the said Second
Party forever, all the right, title, interest. claim and demand which the said First Party has m and to the followmg deSCribed lot,
piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belongmg or anYWise
appertaining. and all the estate, right. title. interest, lien, equity and claim whatsoever of the said First Party, either in law or equity.
to the only proper use, benefit and behoof of the said Second Party forever.
IN WITNESS WHEREOf the said First Party has caused these presents to be executed in its name, and its corporate seal to
be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written.
LAKE WORTH DRAINAGE DISTRICT
A Special Taxing District
BY:
C. Stanley Wea
13061 Military rail
Delray Beach, FL 3~84
Printed Na::t of Witness 1
(1/'111 ,,) r,<J-yo. ~ (J if
(2) Witnes, Signature
Clll'"Z:' (,J Cb t1 n 0 ~
Printed Name of Witness
[5EALI
. :,:..- ~ cC'<a '.
. ~..... t-
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r.~... SJC1' ..'
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'IO"i'1;' .\\~
STATE OF flORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authoriled in the State and l.:ountv ;dnrpo;.;lirl tn trllip
,-
RETURN TO:
LAKE WORTH DRAINAGE DISTRICT
130Bl Military Trail
Delray Beach, Fl 33484
/
/
......
PREPARED BY,
MARK A, PERRY, ESQ.
Perry & Schone, P.A,
SO SE Fourth Avenue
DeJray Beach, Fl 33483
I
Con
NOV-25-1997 3;04pm 97-423510
ORc. 10103 Ps 1488
J.1/oila1l 1111 1_ /III III lUll I
1.00 Doc
;1'
./!,.j
peN 08-43-45-17-01-000-0450
EASEMENT QEED
Doc. No. 522&-B
Canal No. ~
THIS EASEMENT DEED, made this 1'lM\ day of 'ND0e../T\bd , 1997, by and between RICHARD G.
STEAD. a single man and DONALD R. lEDWORTH, JR., a single man, whose mailing address is 45 Vista Del Rio, Boynton
Beach, Florida 3342&, party of the first part, and LAKE WORTH DRAINAGE DISTl<ICT, a Special TaXing District of the State of
Florida, party of the second part, whose mailing address is 130B1 MilitaryTrail,Dellay Beach, Florida 334B4.
WITNESSETH: That party of the first part, for and in consideration of the sum of TEN 1$10,00) DOLLARS, and other good and
valuable considerahon to himlher in hand paid, receipt of which is hereby acknowledged, has granted, bargained and sold, and
by these presents does grant, bargain, sell and release unto the party of the second part, Its successors and assigns, a perpetual
exclUSIve easement for the purpose of providfrtg an unencumbered right-of-way for utilities whICh may be granted to others by the
second party, as well as providing an unencumbered right-of-way for use as a canal and canal related purposes frtcluding but not
limited to the use of same for ingress and egress purposes, excavation, removal of vegetation, irrigation, water control structures,
berm and area for maintenance and deposit of spoil, all quasi-public utility type purposes and for any such other purpose
thereunto related or in anywise appertaining; over, across, through and upon, under or within that parcel of iand located in Palm
Beach County, Florida, described on Exhibit "A" attached hereto and made a part hereof as if recited at length.
First party shall grant no other easements, erect no buildings or eHeet any other kfrtJ oi construction or improvements or plant any
trees or shrubs upon the property described in Exhibit "A".
Party of the first part does hereby specially warrant the title to said land and will deiend the same against the lawful claims of all
persons whomsoever claiming by, through or under it, that he/she has good fight and lawful authority to grant the above described
easement and that the same IS unencumbered. Where the context of thiS easement deed allows or permits, the same shall include
the successors or assigns of the parties.
IN WITNESS WHEREOf, party of the first part sets his/her hand and seal the date first above written,
SIgned, sealed and delivered
in the presence of;
igna!uJ~
J'; /-'/1 . D "" rvJ JI
Printed Name of WItness
&',/(",~ J...../',J /"..A~~. '-,/ . -
<1:_ >0{' 1l, ',,1''-'--'
Witness/Signature
/ J,' Ill..." 2-1'
Pri~;e~ ~a~/J~f Witn:~S.2
.~~~~~~/
. ~ich.o/~ P;;SjJ.:old.rCr,1J\tor ""-~
'Z;::~~edw~;:;;~t;;';r;,
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly autho"zed in the State and County aforesaid to take
acknowledgments, personally appeared RICHARD G. STEAD and DONALD R. LEDWORTH, JR., known to me' or who hove
.____1 _ _I
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ALL DIMENSIONS TO WATERLINE ;
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RESIDENCE
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I. POOL. &HAPE, CU&TOH JOB NO., 1100&
2. &llE, W,11' L.,30' &F, 38~.r DEPTH&, 3' TO 5' TO
3. CAPACITY IN GAL.L.ON&, 105~4 PERIMETER, 88'
4. TIL.E, &" STANDARD CHOICE COPING, BUL.L.NOSE-BRICK
5. FIL. TER TYPE, 15 .r CART PUMP H.P., I I-p
&. SWIMOUT, NO
1. UNDERWATER L.IGHT, 2 VOL. TS,Even WATT&,6low
?: "~87 DECKING, &F &~5 sf TOPPING, PAvERS
a-L ~. FOOTER&, 84' DECO-DRAIN,
~ EXI&TING PATIO, YES
II. DIVING BOARD &llE,
12. &KIMMER, GlTY., I
13. INL.ET FITTING&, OTY., 2
14. MAIN DRAIN &llE, 8" WI2" PLUMBING
15. ENCL.O&URE,
1&. EL.EVATION, &ET IN FIEL.D.
11. INTERIOR FINI&H, DIAMCND BRITE
18. HEATER, NO/SOL.AR HEAT.
I~. ACCE&&, YE&, PER PL.ANS
20. HAUL. OR DROP FIL.L. AT DIG1HAUL.
21. EL.ECTRICAL. HOOKUP, YE&
22. L.ADDERNO GRABRAIL., NO HANDRAIL., YES
n, MI&CEL.L.ANEOU&, 2nd Pump with Time-Clock for .heer 4
Lion's l4eads (lrp) / Fiber OptiC5 for pool perimeter
24, AUTOMATIC CL.EANER, VACCUM L.INE
',:.. POOL TURNOVER RATE: 2.95
::WED
-
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d_." ~::"
2" SKI~~ER UNE
2- SHEER DESCENT +
2 UON'S HEADS
2- ~.D. UNE
2" VACUUM UNE
r;:;:l FlBER
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MODEL.,
TYPE, &TANDARD
TYPE, ADJ EYEBAL.L.
HEIGHT,
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DIRECTICN5,
I-~;. to GATEWAY
go 1lE5T to CONGILE55
mal<.s right to 5UB D05 LAG.05
mal<.s right Into 5UB.
~(~~ U~,~lrn
m~l" 13", 1
BUILDING
POOL PLAN
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CONTRACTOR TO REVIEW POOL DRAVIlNGS AND SPEClFlCA liONS
FOR CONFORMANCE VIlTH POOl. CONTRACT SIGNED BY H~E-
OVllolER. ANY DlSCREPANC1ES MUST BE BROUGHT TO THE
A TTENllON OF THE ENGINEER WITHIN 7 CALENDAR DAYS OF
THE DRAVIlNG DATE. PR08LElAS NOT REPORTED VIlTHIN THAT
llMEFRAME ARE THE SOlL RESPONSA8lUTY OF THE CON-
TRACTOR AND HIS PERSONNEL. NO ~ONETARY OR OTHER
~PENSAllON VIlLJ. 8[ RETAINED AND/OR BILLED TO lV/ENTY
FlRST CENlURY ENGINEERING CORP.
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Engineering Group,
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2328 S. CONGRESS AVENUE. WEST PALM 8EACH. FL 33406 - 305-968.0150
January 14, 1982
Boynton Beach Planning Department
City of Boynton Beach
Boynton Beach, FL 33435
Attention: Mr. Carmen Annunziato, City Planner
SUBJECT: DOS LAGOS FOR THE SATTER COMPANIES, INC.
(PERMIT NO. 81-07)
Dear Carmen:
As per your recent telephone conversation with Mr. John Knippel, Vice
President, Satter Construction Company-South Division, I have reviewed
the set back criteria for the single-family home areas of the Dos Lagos,
P.U.D. It appears that there is no existing criteria covering these
set back requirements within an approved P.U.D. Therefore, we are re-
questing that the following requirements be established for the single-
family areas in the Dos Lagos, P.U.D.:
MINIMUM YARD SET BACK REQUIREMENTS
Front -
Side (Interior)
Side (Corner)
Rear
25 feet
7.5 feet
15 feet
15 feet
FOR ACCESSORY USES - SCREEN ENCLOSURES
Front
Side (Interior)
Side (Corner)
Rear
25 feet
7.5 feet
15 feet
8 feet
Front
Side (Interior)
Side (Corner)
Rear
28 feet
10.5 feet
18 feet
8 feet
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/- ~:. /
These criteria are based on the minimum set backs that are used th ~o~t.. ~
Palm Beach County for residential single-family districts. Also, this~~
basically in compliance with The City of Boynton Beach Zoning Code for a
R-l-A Single-Family Residential District with the only notable exception
being the minimum rear house set back (15' vs 25'). It is essential that
FOR ACCESSORY USES - POOL
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January 13, 1998
q?v
_.,_~PARTMENTOFDEVE~NT 'f'
Director of Development / Planning &: Zoning
\~~=-=-
Mr. Jerry Hovius, President
Dos Lagos Homeowners Association
11 Las Islas
Boynton Beach, FL 33426
Re: RICHARD G. STEAD
45 VISTA DEL RIO DRIVE, BOYNTON BEACH, FL 33426
Dear Mr. Hovius:
Since August 12, 1997, Mr. Richard Stead has been in touch with our Department of
Development for building a swimming pool on his property and enclosing it with a screen.
On December 10, 1997, Mr. Stead submitted a "Quit Claim Deed" from Lake Worth Drainage
District and an "Easement Deed" back to Lake Worth Drainage District concerning a parcel
(Parcel A) measuring 8 ft. by 75 ft. which was added to his subject property. With this
additional piece of land, Mr. Stead has satisfied the setback requirement from his rear lot line for
building a 10' 8" wide swimming pool. The Department of Development, Division of Building,
is prepared to issue the requested building permits based on the information received.
With the addition of the 8 ft. x 75 ft. parcel (Parcel A), the area and perimeter ofthe Dos Lagos
PUD has been changed. In order for Dos Lagos Homeowners Association to establish its control
over the additional land and for the Department of Development to recognize this fact, it is now
necessary to amend the perimeter plan of Dos Lagos PUD and have the new perimeter recorded
with Palm Beach County and the City of Boynton Beach, Department of Development.
I recommend that your Homeowners Association take such action as soon as possible.
Sincerely,
~(!uP- .L~ivl-It/
Bulent 1. Kastarlak
BIK:bg
XC: Michael Pawelczyk, Assistant City Attorney
\ \CH\MAIN\SHRDAT A\Development\Building-6870\Documenu\Letters\Dos Lagos Pool.doc
America's Gateway to the Gulfstream
100 Ea.,~ Boynton Beach Blvd., P.O. Bo. 310 Boynton Beach, Florida 33425~310 Phone: (561) 375.6371 Fa" (561) 375-6357
Richard G. Stead
45 Vista Del Rio Drive
Boynton Beach, FL. 33426
Residence 561-375-9793
Cellular 561-445-0381
I(i) U m n u @
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BUILDiNG l.!jjjSION J
City of Boynton Beach
Mr. Bulent Kastarlak
Director of Development
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33425-0310
January 5, 1998
Dear Mr. Kastarlak,
Thank you for taking the time to personally meet with me today and explain in layman terms
where we are currently at in the permit process and what is necessary to proceed forward and wrap up
the process.
I spoke with Mr. Jerry Hovius, the President of Dos Lagos Homeowners Association, this
evening and explained to him the Dos Lagos master plan needed to be changed to reflect the
additional eight feet of property that had been transferred to me. Eventhough, I feel confident the three
of us are on the same page I told Mr. Hovius you would be sending a letter to him outlining exactly
what the Dos Lagos Homeowners Association needs to do in order to satisfY the City of Boynton
Beach's requirements. Mr. Hovius will be anticipating your letter and accordingly will present it to
the Dos Lagos Homeowners Association board at this months meeting. Mr. Hovius indicated he will
recommend the board authorize Mr. Emil Scipioni of Associated Property Management to proceed
forward and execute the necessary changes.
Mr. Kastarlak, you may contact Mr. Hovius at either his residence (561-736-1897) or his
place of business (561-968-4971). Mr. Hovius's address is 11 Las Islas, Boynton Beach, FL. 33426.
Additionally, please find enclosed "Exhibit A" or page 1487 of the Palm Beach County records that
you were in need of I have enclosed two copies. One for your records and Mr. Bob Donovan has
requested I supply him with a copy.
Mr. Kastarlak I understand you are but one person trying to accomplish numerous tasks,
however; I would be very much appreciative if Mr. Hovius's instructions could be promptly executed
so he will have them in time for our January 12, 1998 homeowners meeting. Once again thank you
for your attention in expediting the procurement of the necessary permits.
. Sin ely
Rick Stead
cc:
Mr. Jerry Hovius, Dos Lagos President
Mr. Emil Scipioni, Associated Property Management
Mortgage Corporation, its successors and/or assigns as
their interest may appea.; Jeff Tomberg, Esq,;
Attorneys' Title Insurance Fund. Inc,
Prooer.,; Add.;ss : 45 Vista Del Aio. Soynton Beach. Fl,
,:Ioad Zana: "AS" I FlAM 120196 0005C, 9-30.82 )
DescriDUon; .
Lot 45. DOS LAGOS, according to the Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm Beach County Florida
recorded in Plat Book 43, Pages 24 through 28. "
Dacrlplloll' .'p"'(RCeL A '
8........ althe Southeasterly comer oflol 45, Dos LaloO, aocordin.lo Ibe r..~ Ihereof on n,le
iIIt" Ollice oflbe Clerk nnhe Ci.cuil Cour1 iII.nd for Palm OOlcl, Counly, Flonda recorded ,n
rIot 800k 43, Pa... Hlhtouah 28; tbence Soud. 80053'30 East, .Io"glhe e"lerly e'le"~io,, of
the _lit IiDe or..id Lo145,. dist.nce oU,OO feel; thence Nortl, 9006'30 East, .Ionl' bIle
p...Oello .nd 8.00 fe.. e.st onhe e.st line of..id Lo145,' distlnce orn.oo feet 10.. poinl;
Ibea.. Nonh 110"53'30" We., .dist._ oU,oo fe.. In the NOr1helsterly comer or..id Lol 45;
lIteaee South 9"06'30. West along the west line of uid 1.01 45 . distance of75.00 re.llo Ih.
IOUtMaltcrly eomer orllid Lot 4S, .mi the Point orOeginning. Contlillins 600 square feet or
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. DD 97-340
TO:
Tambri Heyden, Planning & Zoning
Don Johnson, Building
DATE:
Bulent I. Kastarlak, Director of Development .;&/1\.
December 29, 1997
FROM:
RE:
VARIANCE FOR A SWIMMING POOL
RICHARD G. STEAD
45 VISTA DEL RIO DRIVE
BOYNTON BEACH, FLORIDA 33426
The subject property is located in the Shoreline community of Dos Lagos (Lot: 45).
Mr. Stead claims hardship as justification for asking for a "Variance" for his swimming pool. The basis
for his hardship include;
a) His backyard and the "footprint" configuration of his house allow a swimming pool only 6' 8" wide,
after an 8' 0" setback from the rear lot line.
b) He needs to exercise daily before going to work due to a medical condition. This can be certified by
his physician. He would be unable to do so in a 6' 8" wide swimming pool. He needs and wants a 10'
8" wide pool.
Based on setback line factors, the Boynton Beach Building Division has rejected the application for a
building permit.
Mr. Stead secured a "consent" from his Shoreline Homeowners Association to purchase the rights of
easement for an additional 8 feet of land from Lake Worth Drainage District (Canal E-4). This would
allow the standard 10' 8" wide pool with an 8 foot setback from the new rear property line. (The Quit
Claim Deed and Easement Deed from Lake Worth Drainage District and "Consent" letter from Shoreline
HOA are attached).
This arrangement does not require a "Variance" and satisfies the requirements for the building permit for
the subject lot. It raises issues, however, with the Master Dos Lagos HOA. Associated Property
Management, Emil J. Scipioni, Property Manager, who manages. Shoreline has been advised by me that
similar exceptions might jeopardize, in the future, the integrity and intent of the PUD guidelines
governing Dos Lagos and should be prevented. A letter shall be sent from the Development Department
to the Master Dos Lagos HOA.
Recommendation
1) Issue a building permit - variance is not needed.
2) Request Master Dos Lagos HOA apply for a revision to the perimeter for the PUD.
BIK/ck
C:\Boynton\Documents\Dos Lagos Pool Variance.doc
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