APPLICATION
PROJECT NAME: PALM WALK-ACLF
LOCATION: 108 S.W.19th Ave
COMPUTER ID: 01-21000003
PERMIT #:
I FILE NO.: COUS 01-003 I TYPE OF APPLICATION: Conditional
Use.
AGENT/CONTACT PERSON: OWNER/APPLICANT: Ann Feldman
Lewis Feldman PHONE: N/ A
PHONE: 561-852-4490 FAX: N/A
FAX: 561-852-4489 ADDRESS: P.O. Box 81, Syosset, New York
ADDRESS: 7040 W. Palmetto Park Road 11791
Suite 4-500, Boca Raton, FI 33433.
Date of submittallProiected meetin2 dates:
SUBMITTAL / RESUBMITT AL 05-16-01
1ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 7/14/01
TRC MEETING: 7/31/01
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED 8/24/01
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 8/28/01
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD:
CITY COMMISSION MEETING: 9/4/01
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\PALM WALK ACLF\COUS 01-003\2001 PROJECT TRACKING INFO,doc
: Application Acceptance Date: S --Il? -01
Fee Paid: .${ooD - Receipt Number: 2JJf!;9f
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Has applicant attended a pre-application meeting? '1:f25 ' Date: 4/.ett .2 3/:!Ao-/
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CITY OF BOYNTON BEACH, FLORIDA
PLANNING & DEVELOPMENT BOARD
CONDITIONAL USE APPLICATION
NOTE: This form must be filled out completely and accurately and must accompany all applications
submitted to the Planning Division (two (2) copies of application required).
PROJECT NAME:
~4(tV\ W,4. L. k.:.
,4Lf?
A--S$C'<:: /4.1'cS- l... TD
AGENT'S NAME:
Lew I s;:
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ADDRESS: 1cf5 .5 tV I q tH Ave 1 ~ ~'--roA-l -Z ~,fcH- rL
PHONE:
5110
q72- 2 CjCjCj
5"1' (.,"}.. ~ - 4-144t'
FAX: 5' I if ~ 2(, .. fo I q
OWNER'S NAME:
( or trustee)
4H~
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rt:LDmA-/v
ADDRESS:
f),o. l3<.1 k. II
1..r'1<'5:>€T Ne-vJ 4jsItt, 1171/
PHONE:
FAX:
PROJECT LOCATION:
.:5 LJ I q r It 14iA:f' ~q~~LI "B;2.1(C ri PC..
(not legal description)
PCN NUMBER:
CORRESPONDENCE ADDRESS: *
(if different than agent or owner)
*This is the only address to which all agendas, letters and other materials will be forwarded.
2
Fee:
File: No.
CONDITIONAL USE APPROV AL APPLICATION
Date Submitted:
r\t1A-~
JJJ..III
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Applicant's Name:
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Applicant's Address:
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phone:
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Fax:
Legal Description:
IlrtAClic:D,
Project Description:
4--8 B~o /J L -r
1 ~-10 /'G 1...1
Signature of OWNER
The Owner has hereby designated the above-signed person to act as his agent in regard to this petition.
(To be executed when Owner designates another to act on his behalf.)
3
I. GENERAL INFORMATION:
a. All property owners located within (400) four hundred feet surrounding the subject parcel
shall be notified.
b. The ownership of all surrounding properties as submitted by the applicant, shall be
reviewed by the City Clerk, who shall notify the owners by regular mail of the date and
purpose of the public hearing held in conjunction with the conditional use application.
c. Notice of the public hearing shall also be advertised in a newspaper published in the City
at least ten (10) days in advance of the hearing.
d. At the public hearing held by the Planning and Development Board, evidence for or
against may be presented.
e. The Planning and Development Board may recommend approval, approval with
modification or denial of the application subject to the standards provided in Ordinance
No. 76-46. A written report of the Board's findings shall be forwarded to the City
Commission.
f. At a regular meeting, the City Commission may approve, approve with modification or
deny the application subject to the standards provided in Ordinance No. 76-46.
g. Each new application for conditional use approval shall be accompanied by a fee payable
to the City of Boynton Beach as per the attached fee schedule, as well as labels and
postage for property owners to be notified.
h. Each application for an extension in time of a conditional use approval shall be
accompanied by a fee payable to the City of Boynton Beach for one hundred and twenty-
five ($125) dollars. Such application shall by submitted to the Planning Director not less
than 45 days prior to the expiration of the approval.
1. Representative of the proiect must be present at all Technical Review Committee.
Planning and Development and City Commission Meetings held to review this proiect.
II. CONTENTS OF THE CONDITIONAL USE APPLICATION: Application for conditional use
shall contain two (2) copies of the following items:
a. Statement of the applicant's interest in the property to be developed, including a copy of
the last recorded Warranty Deed, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple title holders of record of the
subject property are, and the nature and extent of their interest therein, and:
1. If joint and several ownership, a written consent to the development proposal by
all owners of record, or
2. If a contract purchase, a copy of the purchase contract and written consent of the
seller/owner, or
4
3. !fan authorized agent, a copy of the agency agreement and written consent of the
principal/owner, or
4. If a lessee, a copy of the lease agreement and written consent of the owner, or,
5. If a corporation or other business entity, the name of the officer or person
responsible for the application, and written proof that said representatives have
the delegated authority to represent the corporation or other business entity, or in
lieu thereof, written proof that he is in fact an officer of the corporation.
b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an
accurate legal description of the subject property, and the total acreage computed to the
nearest one-hundredth (1/100) of an acre (these two surveys are in addition to the surveys
required on page 6 of this application, Sec. III.19.).
c. Vicinity map, showing the location of the subject property in relation to the surrounding
street system.
d. Drawing showing the location of all property lying four hundred feet (400) adjacent to the
subject parcel, and a complete list of the property owners' names, mailing addresses and
legal descriptions. The owners of property shall be those recorded on the latest official
County tax rolls. Such list shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge, said list is complete and accurate. Contact: Palm Beach County,
Property Appraisers Office, Attn: Mapping Division, 301 North Olive Ave., WPB, FL.
III. SITE PLAN REQUIREMENTS
Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall
be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately submitted. Incomplete site plans
will not be processed.
(Please check)
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1. Boundaries and dimensions of the parcel.
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2. Scale, graphic scale, north arrow, and date.
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3. Adjacent properties or land uses.
4. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes,
driveways and unimproved rights-of-way within one-hundred (100) feet of the site.
Also, names of adjacent streets and rights-of-way.
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5. Location of all proposed structures, and any existing structures that are to remain on
the site.
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6. Setbacks of all structures (over 3 ft. in height) from property lines.
7. Use of each structure, indicated on the site plan.
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8. Number af efficiency, I-bedraam, 2 bedroam, etc, dwelling units in each residential
structure, to. be indicated an site plan.
9. Indicatian afheight and number af staries af each structure.
10. Indicatian af structures, equipment, etc., abave 45 faat height, including height in
excess af 45 ft.
11. Flaar plans ar typical flaar plans far all structures.
12. Finish flaar elevatians af all structure.
13. Uses within each structure, indicated an flaar plans.
14. Elevatians ar typical elevatians af all structures; including materials, surfaces,
including roafs.
15. Indicatian afthe numbers and types afrecreatianal facilities to. be pravided far
residential develapments.
16. Indicatian an site plan af lacatian, arientatian, and height af all freestanding signs
and wall signs.
17. Lacatian af walls and fences, and indicatian af their height, materials, and calar.
18. A landscape plan, shawing canfarmance with the Landscape Cade and Tree
Preservatian Cade, and shawing adequate watering facilities. Plants must be keyed
aut accarding to. species, size and quantity.
19. A sealed survey, by a surveyar registered in the State afFlarida, and nat alder than
six (6) manths, shawing praperty lines, including bearings and dimensians, narth
arraw, date, scale, existing structures and paving, existing elevatians an site, rights-
af-way and easements an ar adjacent to. the site, utilities an ar adjacent to. the site,
legal descriptian, acreage to. the nearest ane-hundredth (1/100) af an acre, lacatian
sketch, and surveyar's certificatian. Also., sizes and lacatians af existing trees and
shrubs, including camman and batanical names, and indicatian as to. which are to. be
retained, remaved, and relacated, ar replaced.
20. Lacatian af existing utility lines an ar adjacent to. the praperty to. be indicated an the
site plan, in additian to. being shawn an the survey. Also., lacatian af existing fire
hydrants an ar adjacent to. the site.
21. Lacatian af additianal fire hydrants, to. meet standards set farth in Article X, Sectian
16 afthe Subdivisian and Platting Regulatians.
22. Fire flaw calculatians justifying line size far bath an/aff site water lines.
23. Sealed engineering drawings far prapased utilities, as per City specificatians.
24. Infarmatian regarding farm af awnership (candaminium, fee simple, lease, etc.).
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25. Location and orientation of garbage cans or dumpster facilities. All garbage
dumpsters must be so located to provide direct access for the City front-endloaders,
and the dumpster area must be provided with adequate width and height clearance.
The site must be so designed to eliminate the necessity for the front-end loader to back
into any street. If any use requires the disposal of wet garbage, a ten foot by ten foot
(10' x 10') concrete slab shall be provided. All dumpsters must be screened and
landscaped in accordance with the City Landscape Code (see Sec. 7.5-35(1)). A
minimum 10- foot wide opening is required for dumpster enclosures.
26. A parking lot design and construction plan showing conformance to the City Parking
Lot Regulations, and including the following information. Any exceptions to the
Parking Lot Regulations that are proposed for that are continued will require an
application for variance to the Parking Lot Regulations.
a. Location of all parking and loading facilities.
b. A parking lot layout plan, including curbs, car stops, and double striping.
c. A cross-section of materials to be used in the construction of the parking lot.
d. A lighting plan for the building exterior and site, including exterior security
lighting, and lighting for driveways and parking lots; to include the location of
lighting standards, direction of lighting, fixture types, lamp types and sizes, and
average illumination level(s) in foot candles.
e. Information showing conformance with the City Street and Sidewalk Ordinance,
including construction of sidewalks along adjacent public streets.
f. Location of existing and proposed public and private streets, including ultimate
rights-of-way.
g. On-site traffic plan, including arrows and other pavement markings, traffic signs,
and stop signs at exits.
h. Location of handicap parking spaces, plus signs and access ramps, consistent with
the State Handicap Code.
1. A drainage plan for the entire site, including parking area; to include finish grade
and pavement elevations, drainage calculations, and details of the drainage
system. If the total impervious area on site exceeds twenty-five thousand (25,000)
square feet, then drainage plans and calculations must be prepared by an engineer
registered in the State of Florida, and must be sealed. Percolation tests must by
provided with drainage calculations.
J.
Existing elevations on adjacent properties, and on adjacent rights-of-way.
27. Where conformance with the County's Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of Environmentally Sensitive Lands
(Environmentally Impact Study) must be submitted to the Palm Beach County
7
Department of Environmental Resources Management (copy to City) prior to or
concurrent with the submittal of the site plan to the City.
/
28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with
the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of
the analysis shall be submitted with all conditional use applications.
NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval
of the site plan application.
)
29. In addition to the above requirements, the following items shall be submitted to the
Planning Division no later than the site plan deadline:
a. One copy of colored elevations for all buildings and signage to be constructed on
site. These elevations must be must be of all sides of each type of building and
signage proposed and the colors proposed must be accompanied by a numerical
code from an established chart of colors.
b. Elevations must also include information related to building materials. All
elevations must be submitted on 24" x 36" drawings. Buildings constructed will be
inspected on the basis of the elevations submitted to the City and approved by the
City Commission. Failure to construct buildings consistent with elevations
submitted will result in the Certificate of Occupancy being withheld.
c. A transparency of the site plan (maximum size of 8-1/2" x 11 "). At the discretion
of the applicant, the Planning Division will prepare transparencies from the site
plan document. However, the Planning Division will not be responsible for poor
quality transparencies which result from the submission of poor quality site plan
blueprints, and poor quality transparencies will not be presented to the Planning
and Development Board or City Commission.
I
d. Colored photographs of surrounding buildings (minimum size 8" x lO").
30. Any other engineering and/or technical data, as may be required by the Technical
Review Committee to determine compliance with the provisions of the City's Code of
Ordinances.
Any of the above requirements may be waived by the Technical Review Committee, if such information
is deemed to be non-essential by the Committee.
8
IV. SITE DATA
The following information must be filled out below and must appear, where applicable, on all
copies of the site plan.
1. Land Use Category shown in the Comprehensive Plan:
2. Zoning District:
3. Area of Site acres sq. ft. if? q (, 7 S,::
4. Land Use -- Acreage Breakdown:
a.
Residential, including
lot area or grounds
is,"
21
% of site surrounding
acres
b.
Recreation Areas *
(excluding water area)
_0 t!
"1
% of site
acres
c.
Water Area
% of site
acres
d.
Commercial
% of site
acres
e.
Industrial
% of site
acres
f.
Pub Ii c/lnsti tuti onal
% of site
acres
g.
Public, Private, and Canal Rights-of-Way
% of site
acres
h.
Other ( specify)
% of site
acres
1.
Other (specify)
Total area of Site If q, 1 S ~
;
% of site
acres
J.
acres 100% of site
Including open space suitable for outdoor recreation. and having a minimum dimension of 50 ft.
by 50 ft.
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7. Surface Cover
8 .
9.
10.
II.
12.
a.
9
Ground Floor Building 7..~5Cl> sq. ft.
2S'
% of site
Area ("building footprint")
b. Water Area
site
sq. ft.
% of
c. Other Impervious Areas, including paved area of public &
private streets, pave area of parking lots & driveways
(excluding landscaped areas)and sidewalks, patios, decks,
and athletic courts ;;"1,413 sq. ft. % ..3 Z, of
site
d.
Total Impervious Area 51 qt-?
ft Ii ()
sq. .
% of site
e. Landscaped Area Inside of Parking Lots (20 sw. ft.
per interior parking space required--see Sec. 7.5-35(g)
of Landscape Code) . sq. ft. % of site
f. Other Landscaped Areas, 34- qf4-
excluding Water Area sq. ft. 46 % of site
I
g. Other Pervious Areas, including Golf Courses, Natural
areas, Yards, and Swales, but excluding Water Areas
~ sq. ft. 9- of site
0
h. Total Pervious Areas 34- qf4 sq. ft. +a % of site
1. Total Area of Site ~~ 'lit'? sq. ft. 100% of site
6 . Floor Area
a. Residential i q9~~ sq. ft.
b. CQm~;~I/Office 374-J.- sq. ft.
c. Industrial/Warehouse sq. ft.
d. Recreational sq. ft.
e. Publici
Institutional sq. ft.
f. Other (specify) sq. ft.
g. Other ( specify) sq. ft.
10
h.
Total Floor Area
:2.3 ~ 47
I
sq. ft.
7. Number of Residential Dwellinq Units
a.
Single-Family Detached
dwelling units
b.
Duplex
dwelling units
c. Multi-family (3 + attached dwelling units
(1) Efficiency
dwelling units
(2) 1 Bedroom
dwelling units
(3) 2 Bedroom
dwelling units
(4) 3+ Bedroom
dwelling units
d.
Total Multi-Family
dwelling units
e. Total Number of Dwelling Units
8 .
Gross Density
Dwelling Units per Acre
9.
Maximum Heiqht of Structures on Site
stories
I ,I J
]o..;J-- feet
10.
Required Off-Street Parkinq
a. Calculation of Required Parking
b. Off-Street Parking Spaces
c. Number of Off-Street
d. Parking Spaces
e. Provided on Site Plan ZJ
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Spaces 4'1 OeDkx:JI( UN;])'. x. 1/3 5f~::: , ~
f!:t.(AD. ~sd-
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LC::1I4,P,A.J(; S;,A-c.c
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby
acknowledge, represent and agree that all plans, specifications,
drawings, engineering, and other data submitted with this application
for review by the City of Boynton Beach shall be reviewed by the
various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and
any such party reviewing the same shall rely upon the accuracy
thereof, and any change In any item submitted shall be deemed
material and substantial.
The undersigned hereby agrees that all plans,
specifications,
i~
11
drawings, engineering and other data which may be approved by the
City of Boynton Beach, or its boards, commissions, staff or designees
shall be constructed in strict compliance with the form in which they
are approved, and any change to the same shall be deemed material and
shall place the applicant in violation of this application and, all
approvals and permits which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights
and remedies as provided for by the applicable codes and ordinances
of the City of Boynton Beach to bring any violation into compliance,
and the applicant shall indemnify, reimburse and save the City of
Boynton Beach harmless from any cost, expense, claim, liability or
any action which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this
day of
Witness
Applicant
Witness
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
BOARD OF ZONING APPEALS VARIANCE
All applications received by the City of Boynton Beach after August
1, 1985 shall be accompanied by mailing labels with the names and
addresses of all property owners within four hundred (400) feet of
the subj ect property. Applications will not be accepted without
these mailing labels.
*
12
CONTACT: PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
A F F I D A V I T
STATE OF FLORIDA
S.S.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED
, 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 official tax rolls in the County
Courthouse for all property with Four Hundred (400) feet of
the below described parcel of land.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT "A"
FURTHER AFFIANT SAYETH NOT.
(Signature)
Sworn to and subscribed before me this
day of
A.D., 20
Notary Public
13
State of Florida at Large
My Commission Expires:
20
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land
development orders and permits which are submitted on or after June
I, 1990 will be subject to the City's Concurrency Management
Ordinance, and cannot be approved unless public facilities (potable
water, sanitary sewer, drainage, solid waste, recreation, park, and
road facilities) would be available to serve the project, consistent
with the levels of service which are adopted in the City's
Comprehensive Plan:
Building permit applications for the construction of
improvements which, in and by themselves, would create demand
for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed
above, which would increase the demand for any public facility.
Any other application which, in and by itself, would establish
the density or intensity of use of land, or a maximum density or
intensity of use of land.
*
Applications for development orders and permits submitted after
February 1, 1990 and which qenerate more than 500 net vehicle
trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that
ordinance.
Please be advised,
exempt from the
however, that the following applications will be
Concurrency Management Ordinance, pending final
14
approval of this ordinance by the City Commission:
Applications for the development of property which was platted
on or after January 13, 1978 and either the final plat or the
preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990,
and the use of the property is consistent with the general use
which was intended for the property at the time of platting.
Applications for the development of property which was platted
prior to January 13, 1978, the area of the platted lots does not
exceed 2 acres, and the proposed use would not generate more
than 500 net vehicle trips per day.
Applications for building permit, if a site plan or conditional
use application was submitted prior to June 1, 1990 and
subsequently approved and the site plan or conditional use has
not expired.
Applications for the development
Development of Regional Impact,
the approved DRI.
of property within an approved
and which are consistent with
Applications for approval
plat and application for
permits for utilities have
of final plats, if the preliminary
Palm Beach county Health Department
been submitted prior to June 1, 1990.
Applications for revisions
orders or permits, which
public facility.
to previously
do not increase
approved development
the demand for any
Please be advised that these exemption rules are tentative and will
be subject to final approval by the City Commission. If you have any
questions concerning the proposed Boynton Beach Concurrency
Management Ordinance, please contact the Boynton Beach Planning
Division at (561) 742-6260)
Rev. 03/26/01
J,\SHRDATA\Planning\SHARED\WP\FORMS\APPLICATIONS\COUS\Revised Conditional Use app-03-26-01,doc
)
!1-dlJ;14 0 U~. tY(!.LF
"
!iSTILES
CONSTRUCTION CQ
A Division of Stiles Corporation
Ft, Lauderdale
300 S.E, 2nd Street
Ft, Lauderdale, FL 33301
954.627.9150
954.627.9174 Fax
CG C028554
Timothy 0, Moore
President
Atlanta
33 Mansell Court
Suite 100
Roswell, GA 30076
(678) 297-??oo
(678) 297-0010 Fax
stiles@stiles,com
www.stiles.com
- -._.~-------------~
PETE DALTNER
Vice President
AROO11673
300 S,E, 2nd Street Fort Lauderdale, Florida 33301
(954) 627-9180 . Fax (954) 627-9189
E-mail: peted@stUes.com
-- ~--~ -7.---------,...-.....-...;;Ii.--'........-~.~....~-:::_r...~~~'\ft~~--.:,-'
561-852-4490
FAX 561-852-4489
.{,
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<;Brookl'ille cDel'elopment COrp.
- I
JAMES V. TOMASELLO
7040 W.Palmetto Park Rd. Suite 4-500 . Boca Raton. FL 33433
07/17/1996 88:58
00088000130
:.::.::. :,'<><><:./:><'<
PAGE 01
state of Florida at Large
13
My Commission Expires;
20
= ~ ~"~CANTS FOR ArirVAT,
DEVELOeMENT ORDERS OR ;;RM .
OF
?,
'" ';;1
~
Please be advised that all applications [or the following land
development orders and permits which are submitted 0 . or after June
1, 1990 will be SUbject to the City'. Concurr hcy Management
Ordinance, and cannot be approved unless public he. 11 ties (potable
wa t er , sonit ary sewer, dra i nage , soli d wa s t e , rec rea ! ion, pa rk, and
road faCilities) would be aViloilable to serve the pro.ect, consistent
with the levels o[ servi~e which are adopted jn the City'.
Comprehensive Plan:
i
BUilding permit app11cations for the c nstruction of
improvements which, in and by theme.lves, woul : create demand
for public faCilities.
Applications for site plan approval,
, approval.
Applications for conditioilal use
i
Applications for subdiVision master plan approval.
Applications for prel imin~ry plat approval,
Applications for final pl~t approval.
, for rezoning to planned zoning
Applicatlone
,
distr'ctt8.
I
,/::ations ~isted
lic facillty,
for revisions to any of the appl
Applications d f y pu
above, which would increas~ the deman or an
b itself, : uld est~blieh
An other application which, in and Y r max' mum denslty or
th~ density or intensity of use of land, 0_ a
intensity of use of land.
07/17/1995 08:58
- - - - - - - - -,
UUUUUUUUUf_'
-.."..... ..~'
.~ .I).~'
. ......
CONTACT: PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
A F F I D A V I T
STATE OF FLORIDA
8.S.
COUNTY OF PALM BEACH
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~.
PERSONALLY APPEARED~Jl
_____~--~___~, WHO BEING DULY SHO
BEFORE ME THIS DAY
DEPOSES AND SAYS:
PAI:iE 1]:2
,.,...
I
That the accornpany~ng Proper"~y C;,.;ners Llst is, to the best
of his knowledge, a complete a~d accura e list of all
property owners I mall ing addresses and 1e al d@scriptions
as recorded In the latest o:flcial tax rol's ir. the County
Courthouse for all property wit~ Four Hundr d (400) feet of
the below described parcel of land.
The property in question is legally described as follo's:
SEE ATTACHED EXHIBIT "A"
FURTHER AFFIANT SAYETH NOT.
Sworn to and subscribed b~fore me this
A,D'I
2oDJ_.
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of
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07/17/1335 08:58
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/f;jAD/i:ED AND(lREED
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itness
: 11
drawings, engineering anc ocher dd1. a. wh...::h may ::;1 apE=' roved by the
city of Boynton Beach, or Its beards, com~lssions, ~taff or designees
shall be constructed In st~l=t cOffipliance with the or~ ~n which they
are approved, and any change to the same shal: be de~et ~aterial and
shall place the applicant In \"l,:)latie,n of thj,$ a9PJ..lcs.:.ion and all
approvals and permits which ~ay b@ granted. !
The applicant agrees to allow the ':ity of BCyr.tC:ii Eea:-.'1 all rIghts
and remedies as provided :cr by the applIcable eodles a:;d ordinances
of the City of Boynton Bea=h tc brIng any Violatio11 int2 compliance,
and the applicant shall llide..l"r....fy, r'2imb~r8e 5nd save the City of.
Boynton Beach harmless fre!';; any cost., expense, c1tir.1, liabillty or
any action which may arise due to their en~~rcement if tte same.
~ I /
da 0 f i{
._-~
J App" ic
TO this
NOTICE TO APP;..;ICANTS
FOR
i
1
,
REZONING ~~~/OR r~~D USE ELEMENT AMENDM~NT
I
i
I
I
BOARD OF ZONING APPEA:"S "/ARIANCE !
All appl1catwDB r@celved by the City of S"ynton seJCh after August
1, 1985 shall be accompanied by maillng labe~g wit~ t~e names and
addressee of all properLY ('iWI1erS WJ. tl.1r, fO'...lr hundredi (400) feet of
the subject property. App:Icatlone wIl: no~ be ~ccepted without
~h~QP m~~l,nn l~hol~
CO.ND:: T IONAL
" f',......
oJ :J r,
APPROVA.:..
07/17/19% 15:1J5 00088888130
<<x><x><><x><
PAGE 01
r
TRANSMITfAL IrAf<:TO m-voF/j6/4
(I PLA1tlA/;/lJiJ&P<OATE:
PALMWALKASSOCIAT LTD.
TO:
THE FOLLOWING DOCUMENTS
ARE ATTACHED HERETO, AND
ARE THE SOLE PROPERTY OF
PALM WALK ASSOCIATES l TO..
AND ARE RETURNABLE UPON
DEMAND.
10
1
12
13
14
15
16 -~
~-
-
-.. ~~-
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ACKNOWLEDGED & RECEIVED BY:
COMPANY/NAMEfTITLE (PRINT) BY:
07/17/1995 15:05 e~e~OBeaBO
>~~(X:~'<X:X><:<1":
PAGE 02
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,CIte ot Florida It ~.rg.
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My e~1..~on Ixp1r.'1 ~ I
=~~~:::~.lP~R~YAl, Q' if
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11e.., 11). advi..d thet an! 5pPlicatt\on. tor tn. ,:!Ollo...,ln; lane;!
..velopl\"!lnt ord.n al'ld p'l"mi:t~ wh.ch 'J1e .utll'l\i. t ted 0 I or .fter .June
. 1.tO w~ll be .ub~.et ,t the ~~ty;. Cone~rr I~CY Man.gement
"din,nee, and eaZ\net b. .p',r "cd ,.,"l,,~. pubhe he 11th. (pot.bl,
n.lr, '.nl~.ry .......er, d.ratn. e. .ol:i..-:t r--..t., r.el',. 'ion, p.rk, .nd
)&d he1HU..; wOl,l~d };I. .vt.l~.l:I1e tel ..r..... the "rC) t~~, cond_e'M
It.h the hveh of .e;'Viq-i ....hich ! ~.r. ,dQpUd ~l"\ th, Q1t:y'.
IftIPnn.n.! v. ,hn Iii i I
i ~! ! , I
. i \ t
luild1ft9 p.rmit .pplie tionl it~r the c f..t~~ctlQn of
1ll'lpl"ovem.nt. which. in ,n by th.~.':'V", waul I Cr..t. demand
tor F~H~ hc1litiu. I :
, I
Appliclt1on. tor .it. Plar !.~prov.l:
__plication. for condi~~Ql.f~ y.. .p,~v.l.
,. I I
App11Cltl0n. tor '~bd1Vi.l.o ma.t.rp~.." approval. I
I ' ,
Appll~.t1on. tor prelim1n~r plat .~Pfoyal,
\ t~- fi"al ~l~tl.~prov.t,. I
Appdcat1Qn....~ r ; i r I I
AppHcation. tor ra~onjn9 :t? phnl"l.~ ~O"1n9 cUetr ,t.,
. J I I ~t the .ppl }aticn. Ueted
Appae.'ti~n. for 'lI'.vi,.~ 0 · to .ny, ic flcUi,ty,
~ de LO~i~~ would 1ncre.I~lth. d.~.n4 tor any pu ,
.Il'O..... ...n ,,01 ! I 'ii
'11 ~'b ie..U', ~ld..tabl1."
Any otl'leZ' appHcat1Cn, whJ.F.' ;no;n~..".. J'. or a rr,.:K ",,',.1m d.nlity or
the 4ln.ity or 1nUn..ty 9t U.S I
11'\t.n.ity ot u.. of 1..n~. ! ' i ;
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If' bl .4v~lIed I l'Iewev't:, yt."l. an~"'."'enl; I Ord~ n.nC',
.t fro", the c:onc~rrenc I lJ I ~
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~AeT I PALM BRACH COUNTY
PROPERTY AP'~%SERS~'O'rlCE
ATTN: MA,'INe :CJ:Vl ION
301 Norch Olive Ave uc
We.t 'alm I..~n, Fldrtda
15f1) 3SS~3". I
I
A F F ! 0 ~ V I T
.'tATI OF FLo~rOA
S .t.
8JFORE MI THIS DAY PERS
,
I
APp!kR'O-A
WHO! SEINe pULY
I
COUNTY or PALM e!~eM
ALLY
-'
PlPOS'. ~h::Y:~e .cc~nyJn9 P'op"~Y Owne.. Li.t i., to the beet
~f M,. knowledie. r. eomple~e and .eeuraij.~ l ht of all
prepel'ty owner., m 1.11119 .d.4.Z'..... and 1. ,1 d.scnl't10n.
.. recorded in the lat..t o!~ie1.1 taX rol ~ in the Cc~nty
C:oul'tl'lou.e lor all' rot'erty .,J.~th Four Hundr1' (400) t..t. of
tae below d..~~ib.d parcel of: lend. !
! :
Tht prop.rty in ~..t1cn i. 1 9ally de.~ribed .. !ollo '.,
A, D., 2C.i2L.-.
I ' '
~'CMIfl__", :';
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i'~lItNlltlU
.....'rl......1
$SE AT'1'Aenl> EXHIBIT "A"
FuxTHza AFFIANT iAtZ:K NOT.
Sworn to and 8ub.erib.d ~.for me ehi. I
/J i
,
;;;;
...
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......~.,..,..._~....I'......_..tl...._.O' ...........-...-, '".' '."'" ..,..-, ",."..
87/:7:1996 15:85
0f.H38C1080B13
><xxx><><>:xx
PAGE 134
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AMF:F'LA\COSTQ:
PAGE a3
e1/17/19~b 0e:~e e0a0eaa~~O
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PAGE 133
,
11
.1
dr.win9" e"i'ineeri.ng and other d.~. whlen may b oPFt'Qved by the
Cley of SQynton S.ach, or f'te board"., eomfl'is.iorla, .tllEf OJ' d.'l'io.e.
.haU 1>e con.t:ouet:lll!d ~n .t let compHance with th~ iorlT1..o whi.ch they
.re approved, and any en.n e to the ,ame Ih.ll b. d emec material and
.hall place the appUe&nt in viQht:icn of this a hCf..t ion and all
approvale and P4rmita whie~ may e. granted. I
! 'I
Th. applicant agree. to a~10W the City of BOl'nton 'IBea~h .11 n.ghte
and remedie. al p~~v~ded t t by the cpplieabl. CQ . a~d ordinenee.
of th.. City of Icwnton Be.. h to bnl\f.J any viola-tic : J.nto eompliane.,
and the applicant: .hall 1~del'l'\nify. re~tT\bune .nd ,.ve the cay ot
loyntcm 8e>ach ha:oml... trQtn any ~~,t, expena., c:1 ,im, habi.l Hy ~r
onr ecelon wnic~ Nay er... 1ue to th.ir ~~..~ne ! the eeme.
AND Aall.~l:I 'to ~M,. d.ay A";
I \U ~
--
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! I
NOTI I TO APPL1YCANTS
FOR
RI%ONING AND/O~ ~ US~ eLEMENT
i I
I
eONCITtoNA~ VSE +PP~OVAL
,
BOARD O~ ztNINO APP8~LS V~1ANCE
111 apphc:.eiot\. reeeived. :ey I the Ci ty of Boynton Be eh .tter "u~u.t
1, If.5 .hAll he eeC:OMp&n1. ey mailino 1.z,~1. wit tr.. nam,.. and
.<ld....... ",f .11 pc-operl:Y Ow ..1'. w1thll'\ tOV,1; hundre 1400) t".t of
~h. .ubj.ee prOl'erty, A~pl cation. wUl not: b. ctC'!"'r""~ .."~~h,-,...,,
;he.e m.ilin~ l.bel_,
\ I., i
-..J
Property Appraiser's
Parcel ID #: 08 43 45 32 12 000 0090
. (..~ I: _ -; ;- _ ~I . -,.. T ~ '..3'-; ., ~ i'~, ,..,-, ':'::'.'-;. _:-; ___..-..._" .. _~
.','1', .\..l...."'f'lll~_ .'._1~:~t1H; ,,' I ..t."""':''::''U4C,.
UK.tl 17Lt~ 'Fs ~139S
:E!5iffi if =riEE! fii il &'fi
Grantee's Tax ID #:
2t4 ~ 4b~i. 6'~j .UGC
~t i '5\11. '5~:
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this ISf~ day of April,
1997, between BOYNTON BEACH ACQUISITION CORP., a Florida
corporation (the "Grantor"), whose post off ice address is c/o
Hunter Real Estate Management Corp., 1979 Marcus Avenue, Suite E-
llS, Lake Success, New York 11042, and PALM WALK ASSOCIATES, LTD.,
a Florida limited partnership (the "Grantee"), whose post office
address is c/o Hunter Real Estate Management Corp., 1979 Marcus
Avenue, suite E-115, Lake Success, New York 11042.
ti L_T ..ti~_~_k....1'_-H:
THAT the Grantor, for and in consideration of the sum of
TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations,
th~ receipt whereof .is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms
unto Grantee, all that certain land situate, lying and being in
Palm Beach County, Florida (the "Property"):
Lots 9 through 24, inclusive, and Lots 42 through 48,
inclusive, of CHRISTIAN VILLAS PLAT NO.2, according to
the Plat thereof, as recorded in Plat Book 40, Page 102,
of the Public Records of Palm Beach County, Florida.
THIS conveyance is subject to the following:
1. Taxes and assessments for the year 1996, and
subsequent years.
2. Conditions, restrictions, easements and limitations of
record (but this shall not serve to reimpose same).
TOGETHER, with all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
.r...."
111..1.....
'.J1 \\...I
.; 7.i-i-;:; 'fs 1 399
AND Grantor hereby covenants with Grantee that Grantor is
lawfully seized of the Property in fee simple; that Grantor has
good right and lawful authority to sell and convey the Property;
and that Grantor does hereby warrant the title to the Property and
will defend the same against the lawful claims of all persons
claiming by, through or under Grantor, but against none others.
Gi]20 fli\ H. ~~TU\ENi CL.E"ltr,' 'tB Cwr~T{; FL
;"
IN WITNESS WHEREOF, the Grantor has caused this Special Warranty
Deed to be executed in its name and its corporate seal to be
hereunto affixed by its proper officer thereunto duly authorized,
the day and year first above written.
Signed, sealed and delivered
in th preseQce;Of:
/)
BOYNTON BEACH ACQUISITION CORP. ,
a Florida corporation
'7
,'-.;;/'c::L?' C'~
BVt'/
Print Name: WILLifttJI C' f3,4LFYW:H
Ti tIe: \/ICE PR,t::-S/I)f:='AJf - ~6~'(
. '~,~~::/!Y' '~'::~~:,._..;,
,;~':~ ' 'i',}:"
[CORPORATE SEAL] ::{~:; [v, ; - ::,:.'~"
'. "~~'~" ...' "(,1 ~ !:
,.;,-: '.#1 ..../,1 .>.:
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~
STATE OF NEW YORK
COUNTY OF JJ-A~S~l\
)
)88:
)
The foregoing instrument was acknowle~~ed before me this
~ day of April, 1997, by Wi fllq 1-11 C eQ Lb(,{C-h , as a/the VP-,f'~1'1
of BOYNTON BEACH ACQUISITION CORP., a Florida corporation, on
behalf of tpe corporation. He/She is personally known to me or has
produced _hiS' dnve.r-,r \,r'(",,,,, as identification.
Print~~"iJJl~Q ~~"
NOTARY PUBL~
State of New York at Large
My Commission Expires: r~JJ) fc7'g
AiS instrument was prepared by: STEPHEN SCHLAKMAN
Gregg H. Fierman, Esq. Notary Public, State of New York
McDermott, Will & Emery No 01SC8812825
, 201 South B B 1 d Qualified in Nassau County
iscayne ou evar Commission Expires Dec 31.1990
SU'; te 220 0 ~"'''''\\\\\I', 0
... ~,' CIRCUI 111",
Miami, Florida .(!ll~-'! 0'\
# ~ , / . ' \ Oc. '~
:: 4;, .. \~ ~ RIDA
\45978\011\600EEDJH.OO~~: ~* ~ pALM eEA~H CoUN'\''i. ST An OF FLO '
~*I ,..; j I hereby cerlily thatli19 !ore~olOg ~s a
~ ~\ " ~ j true copy of ~ r..cord In lY of1lco. q ~"'l
'" ('..'... .- "'.'':: ~ \)
"'1 b ... - - ~ ~ ~~ ...~ \ \ \,1"- 19 _
"'"fACfi co......,......... Thle..L.L Day 01
'\\\\\\\\",........ -,.
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Clelk
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AMERICAN LAND TITLE ASSOCIATION
mVNER'S POLICY (10-17-92)
(WITH FLORIDA MODIFICATIONS)
cv
10 1265 106 00000013
CHICAGO
TITLE INSURANCE
COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A. sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title. as insured, but
only to the extent provided in the Conditions and Stipulations,
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of the Date of Policy shown in Schedule A. the policy to become valid when countersigned by an authorized
signatory.
Issued by: ,
Me DERMOTT, WILL & EMERY
201 S. BISCAYNE BLVD.
MIAMI CENTER, 22ND FLOOR
MIAMI, FLORIDA 33131
(305) 358-3500
CHICAGO TITLE INSURANCE COMPANY ~I
A/BY, / I.
/ r~~/ ~ /~. 'I;'..
presid~ i :"
By:
~!~
'"
.....:s.,
...~"~ ~; '!:.. ..~::::., ,::':~ ;::;::.,
.f ~.,~ ~,~ l:;:::;" ;s::;
, ALTA Owner's Policy (10-17-92) (WITH FLORIDA MODIFlCA TlONS)
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
darn8ge, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (Ii) the character, dimensions or location of any Improvement now or hereafter
erected on the land; (Iii) a separation in ownership or a change In the dimensions or area of the land or any
parcel of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by <a) above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aHecting the
land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured
claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for
the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(I) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance
or fraudulent transfer; or
(il) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer
except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
OWNERS
SCHEDULE A
OFFICE FILE NUMBER
POLICY NUMBER
DATE OF POLICY
AMOUNT OF INSURANCE
. 45978-011 2 10 1265 106 00000013 3 April 17, 1997 at 9:07 A.M. . $214,461.60
1. Name of Insured: PALM WALK ASSOCIATES, LTD., a Florida limited partnership
2. The estate or interest in the land which is covered by this Policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in the Insured.
4. The land herein described is encumbered by the following mortgage or trust deed, and assignments:
NONE
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
S. The land referred to in this Policy is described as follows:
Lots 9 through 24 and 42 through 48, inclusive, Christian Villas Subdivision Plat No.2, according to the Plat thereof recorded in
Plat Book 40, at Page 102, of the Public Records of Palm Beach County, Florida.
This Policy valid only if Schedule B is attached.
POLICY FORM
SCHEDULE B
foIiq Number: 101265106 00000013
';'i~f:Y does not insure against loss or damage (and the Company wilI not pay costs, attorneys' fees or expenses) which arise by
10.
(1) Rights or claims of parties in possession not shown by the public records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and
inspection of the premises.
(3) Easements or claims of easements not shown by the public records,
(4) Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished. imposed by law and not shown
by the public records.
(5) Taxes or special assessments which are not shown as existing liens by the public records.
SpedaI Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A, if this schedule is attached to an Owner's Policy.
(6) Taxes and assessments for the year 1996 and subsequent years,
(1) Restrictions, dedications and easements set out on the Plat of Christian Villas Plat No.2, recorded in Plat Book 40, Page 102,
and easements of similar nature to the easements set forth on said plat which are described at Official Records Book 2963,
Page 3.
(8) Reservations in favor of The Lake Worth Drainage District recorded in Deed Book 984, at Page 477.
(9) The nature, extent or existence of riparian rights is not insured.
(10) Matters contained in Declaration of Unity of Title, recorded in Official Record Book 8426, Page 1578.
(11) Grant of Perpetual Exclusive Easement In Parking between Mark Joel Fassy and Cedarwood Villas Association, Inc., recorded
in Official Records Book 7900, Page 1580.
NQJB: All of the recording information contained herein refers to the Public Records of Palm Beach County, Florida, unless
otborWi.o indicated.
,.... ~~>~
"
NOTES TO POuey: Schedule B, Items 1 and 4 are hereby deleted.
'M~. Will & Emery
,"'..","".'
Note: If this schedule is attached to a Loan Policy, junior and subordinate maUers, if any, are not reflected herein.
Note: This Policy consists of insert pages labeled Schedules A and B. This Policy is of no force and effect unless
both pages are included along with any added pages incorporated by reference.
CONDITIONS AND STIPULATIONS
1. ....-noN OF TERMS
n.., IoIIowlng Ierma when used in this policy mean:
"',(II) ~.: the Insured named in Schedule A, and, subject to any rights
OI.__theCompanywould have had against the named insured, those
. eucceed to the Interest of the named insured by operation of law as
':~iIhecl from purchase including, but not limited to, heirs, distributees,
, '....... survivors. personal representatives, next of kin, or corporate or
,~ ,1UCCIIIOfS.
':t',*~ claimant": an insured claiming loss or damage.
'_~., or "known": actual knowledge, not constructive knowl-
____JMltice which may be imputed to an insured by reason of the public
'.... as definec:lln this policy or any other records which impart construc-
tive notice of matters affecting the land.
(d) "'Jand.': the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property. The term "land"
does not Include any property beyond the lines of the area described or
feferred to In Schedule A, nor any right, title, interest, estate or easement in
Ibutting atreets, roads, avenues, alleys, lanes, ways or waterways, but noth-
Ing herein shall modify or limit the extent to which a right of access to and from
the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
Instrument.
, (t)..pubIic records": records established under state statutes at Date of
PolIcy tor the purpose of Imparting constructive notice of matters relating to
ntaJ property to purchasers for value and without knowledge. With respect to
Section 1(a)flY) of the Exclusions From Coverage. "public records" shall also
Include environmental protection liens filed in the records of the clerk of the
United States district court for the district in which the land is located,
(g) "unmarketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in
the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long as the insured shall
have IlablIity by reason of covenants of warranty made by the insured in any
transfer or conveyance of the estate or interest. This policy shall not continue
In force In favor of any purchaser from the insured of either (i) an estate or
lntentst In the land, or (ii) an indebtedness secured by a purchase money
. mortgage given to the Insured.
3. Nonce OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
an Insured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as insured, and which might cause loss or dam-
age tor which the Company may be liable by virtue of this policy, or (iii) if title to
the estate or interest, as insured, is rejected as unmarketable, If prompt notice
shaJI not be given to the Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
'CLAIMANT TO COOPERATE
(a) Upon written request by the insured and subject to the options con-
;tainecf in Section 6 of these Conditions and Stipulations. the Company, at its
'own cost and without unreasonable delay, shall provide for the defense of an
Insured In litigation in which any third party asserts a claim adverse to the title
';,Ot interest as insured. but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as
. tothQse stated causes of action and shall not be liable for and will not pay the
,. ..'...... of any other counsel. The Company will not pay any fees, costs or
"::,;i':/,;,expenses Incurred by the insured in the defense of those causes of action
"::)'whIch allege matters not insured against by this policy,
, (b) The Company shall have the right, at its own cost, to institute and
.,,; ,Pft)I8CUte any action or proceeding or to do any other act which in its opinion
.;'i;,' Ny be necessary or desirable to establish the title to the estate or interest, as
'."!"',,.Jnsured. or to prevent or rectuce loss or damage to the insured, The Company
~c:\;!~'N~;_"" any appropriate action under the terms of this policy, whether or not
\[t!;~;i;"thalbeliable hereunder, and shall not thereby concede liability or waive any
;..~;'r:prvyision of this policy. If the Company shall exercise its rights under this
I*8graph. it shall do so diligently,
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion, to appeal from
any adverse judgment or order,
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein. and permit the Company to
use, at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured, at the Company's expense, shall give
the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or pro-
ceeding, or effecting settlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to
the estate or interest as insured. If the Company is prejudiced by the failure of
the insured to furnish the required cooperation, the Company's obligations to
the insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation,
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the amount of the loss or
damage, If the Company is prejudiced by the failure of the insured claimant to
provide the required proof of loss or damage, the Company's obligations to
the insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reason-
able times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any author-
ized representative of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative ofthe Company to exam-
ine, inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by
the insured claimant provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of the Com-
pany, it is necessary in the administration of the claim, Failure of the insured
claimant to submit for examination under oath, produce other reasonably
requested information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall terminate any
liability of the Company under this policy as to that claim,
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company. up to the time of payment or
tender of payment and which the Company is obligated to pay,
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or con-
tinue any litigation, and the policy shall be surrendered to the Company for
cancellation,
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to payor otherwise setUe with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the lime of payment and which the Company is obligated to
pay,
... .:.,
.,,~{!'l~'" ....... by t~e Company of either of the options provided for in
c ,'t'.~ (b)(l) or (11), the Company's obligations to the insured under this
. ....IaI.. cIUned loss or damage, other than the payments required to be
. '..... terminate, Including any liability or obligation to defend, prose-
M'f litigation.
. EXTENT OF LIABILITY AND COINSURANCE
fa. contract of Indemnity against actual monetary loss or dam-
.... or R:uned by the Insured claimant who has suffered loss or
'~.. reuon of mattera Insured against by this policy and only to the
'...... deIcribed.
,1IabIIlty of the Company under this policy shall not exceed the least
a. Amount of Insurance stated in Schedule A; or,
..difference between the value of the insured estate or interest as
IMtnd and the value of the insured estate or interest subject to the defect,
lenor encumbrance insured against by this policy,
(b) TItIa paragraph removed In Florida policies.
(e) The Company will pay only those costs, attorneys' fees and expenses
incurred In accordance with Section 4 of these Conditions and Stipulations,
.. APPORTIONMENT
'If the land described in Schedule A consists of two or more parcels which
... not used as a lingle site, and a loss is established affecting one or more of
... pan::eIa but not all, the loss shall be computed and settled on a pro rata
'.... II If the amount of insurance under this policy was divided pro rata as to
"value on Date of Policy of each separate parcel to the wholeJ exclusive of
M'f Impcovements made subsequent to Date of Policy, unless a liability or
V8Iue has otherwise been agreed upon as to each parcel by the Company and
1heinsuredatthetlme of the issuance of this policy and shown by an express
statement or by an endorsement attached to this policy,
t. UMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
. CUI'8I the claim of unmarketability of title, all as insured, in a reasonably
diligent manner by any method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its obligations with respect to
that matter and shall not be liable for any loss or damage caused thereby,
(b) In the event of any litigation, Including litigation by the Company or with
1he Company's consent, the Company shall have no liability for loss or dam-
, age untlIthere has been a final determination by a court of competent jurisdic-
tiOn. and disposition of all appeals therefrom, adverse to the title as insured.
(e) The Company shall not be liable for loss or damage to any insured for
tiabilltyvoluntarlly assumed by the insured in settling any claim or suit without
the,llrior written consent of the Company,
10. REDUCTION OF INSURANCEj REDUCTION OR TERMINATION OF
UABIUTY
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tantoc
11. UABILITY NONCUMULATIVE
It Is expressly understood that the amount of insurance under this policy
. IhaII be reduced by any amount the Company may pay under any policy
':; insuring a mortgage to which exception is taken in Schedule B or to which the
',tnsured has agreed, assumed, or taken subject, or which is hereafter exe-
, . CUI8d by an Insured and which is a charge or lien on the estate or interest
, descrlbed or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS
. (a) No payment shall be made without producing this policy for endorse-
'menl of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the
.'.. Company.
;'" (b) When liability and the extent of loss or damage has been definitely fixed
,,~In 8CCOI'dance with these Conditions and Stipulations, the loss or damage
! IhaII be payable within 30 days thereafter.
13. . SUBROGATION UPON PAYMENT OR SETTLEMENT
. (a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
('>I..
AlIorderFonnNo,8218(Rev,lG-17-92)
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation, The insured claimant shall permit the Company to
sue, compromise or settle in the name of the Insured claimant and to use the
name of the insured claimant in any transaction or litigation involving these
rights or remedies,
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and reme-
dies in the proportion which the Company's payment bears to the whole
amount of the loss,
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for subroga-
tion rights by reason of this policy,
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association mey
be demanded if agreed to by both the Company and the insured. Arbitra-
ble matters may include, but are not limited to, any controversy or claim
between the Company and the insured arising out of or relating to the
policy, any service of the Company in connection with Its issuance or the
breach of a policy provision or other obligation. Arblntlon pursuant to
this policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the insured, the Rules in effect at
Date of Policy shall be binding upon the parties. The award may Include
attorneys' fees oniy If the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment
upon the award rendered by the Arbitrator(s) may be entered In any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules,
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICYj POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Com-
pany, In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered
hereby or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company,
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at the issuing office or to:
Chicago Title Insurance Company · Claims Department
171 North Clark Street · Chicago, lIIinlos 60601-3294
In Florida Call 1-800-883-2020
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PRE-APPLICA TION TRACKING LOG
Meeting Date: 'fIJ,//o,
PURPOSE OF APPLICATION:
s; rt. /~~
Time:
1,'00 fA4'
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ZONE:
PRO~CT NAME:
I /flJJ. ~/f1L/t. At L.P
Attending Staff:
i.rs.., U---' It! /2
Attending for Applicant:
k- J-'i II ,,l,'j...- ..,~
PERMIT NUMBER:
Phone:
Fax:
Name of Owner:
Address:
Phone:
Fax:
Name of Applicant/Contact: '
)eA- i ~ ;-elcriJY3L ' d a 1/'40 70Vha<k~- ;,JrOi)t;I/:<-1Le jh". t!.
Address:
Phone: j'-fpl_ 8S'2 _ l..-j '--/9() I Fax: 5"ip/ _ gC;-2- L/? 7
PROJECT ADDRESS: U-' i'if;,.. Ave PCN:
Phone: Fax:
TYPE OF APPLICATION: Jik lt2....- {!()uS
TYPE OF BUSINESS: ft~ - --Oaf<' S'-ht e A-ld.Q.,~/2..i
Date Submittal Received: Denied:
COMMENTS:
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE: Oi/;J5/o/
TIME: 7.'00 f1t1
ATTENDING FOR APPLICANT:
{;
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes ass related to the proposed development and to
discuss site plan review procedures. Opinions express at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forth coming based on actual
plans submitted for review.
City of Boynton Beach
Attending Staff
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Attending for Applicant
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