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APPLICATION PROJECT NAME: Bermuda Bay LOCATION: East ofI-95; South ofSW 38th Court PCN: 00-43-46-05-00-000-5140 I FILE NO,: ANEX 03-002 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: National Land Company, Inc. Michael J. Covelli ADDRESS: 5128 N. Lakeside Drive Caulfield & Wheeler, Inc. Lake Worth, FL 33460 ADDRESS: 7301A W. Palmetto Park Rd. PHONE: 586-2751 Suite 100A Boca Raton, FL 33433 FAX: 533-7233 PHONE: 561-392-1991 FAX: 561-750-1452 Date of submittal/Proiected meetinl!: dates: SUBMITTAL / RESUBMITTAL 10/22/03 1ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: N/A TRC MEETING: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 12/18/03 MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: 1/6/04 1/20/04 .;l.L3/04 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Bennuda Day\ANEX 03-002\2003 PROJECT TRACKING INFO.doc City Codes Accessed Via \Vcbsite: y.'ww. bovnton-be:lCh.or~ ww\V.J.mkgJI.convbovnlon_bc;J.ch fl.LlS Has applicant attended a pre-application meeting? y#' ,Date: ~t~ CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION ANNEXATION APPLICATION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Department. (2 copies of application required,) PROJECT NAME: Bermuda Bay AGENT'S NAME: Caulfield & Wheeler, Inc. c/o Michael J. Coyelli, AICP/ASLA V.P. ADDRESS: 7301A W. Palmetto Park Road, Suite 100-A Boca Raton, FL 33433 OWNER'S NAME NM;onal Land Comoany c/o Victoria Paladin.o (Or Trustee's) ADDRESS' 1528 N. Lakeside Drive Lake Worth, FL 33460 PROJECT LOCATION: AND PCN NUMBER Adjacent to and east of 1-95. North of Lake Ida Road. west of Lake Drive (Not legal description) 00-43-46-05-00-000-5140 'CORRESPONDENCE ADDRESS: (If different than agent Or owner) 'This is the only address to which all agendas, letters and other materials will be forwarded. GENERAL DATA Name of Developer/Owner: National Land Company c 10 Day; d PR 1 RO; no Area of Subject Property 745,806 Sq.Ft. or Acres: 17.121 Estimated Present Population: 0 Existing-Future Land Use' MR 5 Med. Res. (County) Proposed Future Land Use: Low Density Residential Existing Zoning: AR, CG, RS (County) Density Allowed: In RS District = 5 d,u,'s Density Allowed: = 4.84 d.u.'s Proposed Zoning: R-l - AAB EXISTING UTILITIES; Water: none Wastewater Collection: none Solid Waste (garbage): none STATEMENT OF USE EXISTING USE: yacant PROPOSED USE: 17 single family dwelling units JUSTIFICATION Express in your own words why this annexation will be beneficial to Boynton Beach, Florida: attached EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED attached 3 ~, " .'> OWNER'S AUTHORIZATION Victoria Paladino, President TYPE NAME OF OWNER(s) Michael J. Covelli, AICP/ASLA, V.P. TYPE NAME OF APPLICANT 1528 N. ,Lakeside Drive STREET ADDRESS 7301A W. Palmetto Park Road, 100-A STREET ADDRESS Lake Worth, FL 33460 CITY & STATE Boca Raton, FL 33433 CITY & STATE 561/586-2751 TELEPHONE NUMBER 561/392-1991 TELEPHONE NUMBER 561/533-7233 FAX NUMBER 561/750-1452 FAX NUMBER 4 AFFIDAVIT STATE OF FLORIDA } COUNTY OF PALM BEACH} } SS Before me, the undersigned authority personally appeared Victoria Paladino , who being by me first duly sworn, on oath deposes and says: 1, That he is the fee simple owner of the following described property, to wit: (Give legal description) attached (attach an additional page if insufficient space) 2, That he desires annexation to Boynton Beach, Florida, 3, That he has appointed Caulfield & Wheeler, rnc. to ,ct '''9OCt to h" beh,If<o "complt,h th, ~ ____" (;dL~/Mk~ Affiant Sworn to and subscribed before me n~ '/1\~j/~ Notary PUbli~onda at Large My Commission Expires: ~~s./ I ICHIMAI NISH RDA T A IPLAN N I N GSHAR EDI WPIFORMSIAP PLICA TI CN SIANNXlAN N EX, DOCREVI SED 1 0/1 6/01 6 . >- 6 rD d "'\:l ::I ~ \.. \l rC ; ~ I- Z ::J o U I U <( W m :::; -' <( 0.. z o t- a.. 0::: o en w o 1-" (/) <( W (/) n:s: vo w-' 0-' z2 <( O:::(/) <( IO I-w ::Jm 0- (/)0::: U (!)(/) vW o 0.. 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I- w= .- W N ~ u... .~ ex) 00 OlZ~ r<i o ex) I-u... <(0 -'w o..u ZZ 0<( - I- lfllfl 2:0 o W m<(~ <( :::; --' (f)........ : o Zw <(Z n::J LflI I- :::; o lfl e.:>e.:> Zz 0- -,Z <(Z 3:8 'Ol m Nu... ".-0 n " I- ~z lflB wo.. Uw ZI WI- I 1-0 I- Ne.:> nZ o ~-' 0<( 03: m, I-Lfl <( _"<t -,ex) D..r" WW zz -' -' >->- -' -' 0::0:: WW 1-1- lfllfl <(<( WW o 0:: o U W 0:: L<.. o >- <( $: I u... o I lfl l- I e.:> 0:: o Z <( lfl I- lflZ lfl<( WZ -'w > 0::0 Ou W - o::lfl OZ :::;;Q I- <( > 0:: W lfl W 0:: <( o 0:: o -'lfl u...w - 0:: >-u I- <( Z :::; ON U .lfl Ir---Z ~O U '-...- <(1-1- W WU m W - L<..O:: I- :::;; wlfl -'o::W <(<(0:: D..:::; Z alfl lfll- Z w to W I- 0 :::;; <( CXJ W :::; -lfl I- Lfl <( lfl~W lfl e.:>0 o Z I- Z Z I- <(-U -'<(w 01--, zm <(0:::; lflUlfl II. :111111111111111111 This instrument was prepared by and should be returned to: R. James Robbins, Jr., Esquire Hill, Ward & Henderson, P.A. Bank of America Plaza, Suite 3700 101 EastK~yBoulevard Tampa, FIOljda')$602 \~.> ) \/ .... ..J, ./ \:?~> 0 ~<>,-... <<.--1 n\ \[) :,/ ~/' . )".,,0 /: ~,?0, 1,_ lIt \1../. " , THIS SPECIA~ ~ DEED is made to be effective as of the ~ day of Dccember, 2002, by anJ:~n BE AEROSPACE, INe., a Delaware corporation, f!kIa BE AVIONICS, INC., a DelaWMe-~rporation, whose mailing address is 1400 Corporate Center Way, Wellington, Florida 3~t:il-:..(h.ereinafter referred to as the "Grantor"), and NATIONAL LAND COMPANY, INC., a ItiPrlclil corporation, whose mailing address is 1528 N. Lakeside Drive, Lake Worth, Florida 334(;'0 Q1~inafter referred to as the "Grantee"). (~)) V ~.t!&HIH: (( CI "':';:;:-...-.:::.. / 'c. ') r' \...j ,I ". The Grantor, for and in consideratloi:l:-.o,1l\lle sum ofTen and NollOOths Dollars ($10.00) and other good and valuable consideration'S,(t1i~'~eipt and sufficiency of which are hereby acknowledged, hereby grants, bargains, sells, ~3y,s;:;remises, releases and transfers unto the Grantee, its successors and assigns, all that ce~f;nd;'.l1ituate in Palm Beach County, Florida (the "Property"), more fully described as fOllOWS:~'(:, )~;<~ See Exhibit A attached hereto iifi~"rporated herein by reference, which land is subject to fliw;~' '-:s,attl(rs set forth on Exhibit B attached hereto and incorporate /!erJhWy reference. 't.,/, Property Appraiser's Tax Folio No.: 00-43-46~~~-000-5100' 00-43-46-05-00-000-5140 00-43-46-05-00-0 .fi; 1 S0 J '*I!.., ~~,'.... 08-43-46-05-00-000-5220, 12-43-46-04-00-000- (4o;'And 12-43-46-05-00-000-5230. -;.::_:.;?~). ./ '~)Yl . ~ ( I Federal Tax Identification No. of Grantee: V'\:::::::./)\ r ,,~ " ~::.:.-~ 01/22/2983 11:3t:00 2003003&362 OR Bl< 146'15 PG 846t Pal. B.ach County, Flo~ida AMT 3,2BB.BBB.88 Doc Stamp 22.480.80 SPECIAL WARRANTY DEED Boor 4695 PAGE 0462 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. Th~tor d?es hereby ~ovenant with. the Grantee that the Grantor is lawfully seized of the Pr~..!ee Simple; that 1l has good, nght and lawful authonty to sell and convey the Property( ansl~ it warrants the title to the Property, subject to the maners set forth on Exhibit !!" and w~d the same against the lawful claims of all persons whomsoever claiming by, through or'~Wic(~ Grantor but against none other. Except for the special warranty of title made in thi~:JIftcn,?f conveyance, the Grantor makes no other representations, warranties or covenants herc!itiJ ~ hereby expressly disclaims any and all implied representations, warranties and covenants, Ynletheptlsing by operation of law. by statute or otherwise. IN WITNE~~REOF, the Grantor has causcd this instrument to be executed the day and year first above *liri~n. ~'. /, Signed, sealed and deliv'&~;}~ BE AEROSPACE, INC., a Delaware corporation in the presence of: \,((~-:::;\ \!.......',,'r~ --;;~:--0 '....s an ;;:i~) \S~ r_. r _....., ((';.j) \~,'/.~~, ,-' .-t... y/''-::''-o /.~:.,."'\.( (-. '-< )'> ,-, STATE OF FLORIDA '\// .,-"', COUNTY OF PALM BEACH \ly::".~:>. ~ /~) v The foregoing instrument was acknowledg;~;a,~~ re me this ~ day of December,' 2002, by Jeffrey P. Holtzman, as Vice President of B " s ace. Inc., a Delaware corporation, on behalf of the corporation. He is rsonal ,"Igi to me or has produced as identification, \-'/ (Corporate Seal) . I !-I....:;'~'i .:'0"'/'-;(;" I,., "l"... .::.~" ";:;~~~f: ,.~'\ ..;~ . ........ " ',' . (-: . <,-. f " .....~:' I.f"< ",,'-,.:: "<';:,::~;\;C a ame) (Type, '-- /r' My Commission EXPi~~\]..;\dP BOOK 695 PAGE 0463 Exhibit "A" PARCEL 1: /~ A parcel o~lid IY~In,a' Section 5. TownShip 46 South. Range 43 East, Palm Beach County, Florida, said parcel being more particul.a.J!Y., crlbed as follows: V'", Beginning at a ~iipN):lIfrle the East right-of-way line of State Road No, 9 (1-95) Inte,rsects the North line of the South 3/4 olthe South 1/2 ~il~ectlon 5, said point also being 387.38 feet (as measured along said East right-of-way line) South olthe Sout~~oorner at Lot I, Block 1, "LAKE VIEW HAVEN", as recorded In Plat Book 32, pages 53 and 54, of the public records ol-Pillm ~_~ County. florida; thence along said right-of.way line South 180 31' 15" West (assumed). a distance ot 1365.57 feetlqA point In the Northwest comer of that certain parcel described In OffICial Records Book 1788, page 405; thence~~~o 31' 15" Wesl, a distance of 380.00 feet, more or less; thence South 89" 58' 35' East, and parallel w~h the Nortl1.i\!Jl"i:!fthe South 1/4 of the South 1/2 of said Section 5, a distance of 300.00 feet, more or less. 10 the approximate shere Iin~l1' Lake Ida as maintained; thence Nonh 180 31' 15" East, along said shore line, a distance of 380,00 feet, morei~to a point on a line 48.00 feet North of and parallel to lhe said North line of the South 1/4 olthe South 1/2 of ~ 5; thence South 89" 58' 35" East, a distance of 185.00 feet; thence North 30" 25' 48" East, adlstance of 138.00 :tt;l9rl~e North 590 34'14"West, a distance of 162.57 feet; thence North 160 49' IS" East, a distance of 3S.91 feet to a ~inl'btcurvature; thence Northerly along the arc of a curve to the Southeast having a v--- " . '-? radius of 67.85 feet and a central ari'~4jiJo 03' 30", adislance of 57.92 feet; thence North 85052' 48" East, on a line tangent to the last described curve a ll.i(u;nce of 90.85 feet to a point of curvature; thence Northerly, along the arc of a curve, concave to the Northwest having ae's of 106.26 feet and a central angle of53" 41' 47", a distance of 99.58 feet; thence South 59034' 14" East, adistanc( 9 feet; thence North 30025' 4S" East, a distance ot 137.40 feet; thence South 89" 34'14" East, a distance of 275, eet; thence North 01 039' 45" East. a distance ot 125.40 feet; thence North 37" 41' 35" East, a distance of B8.34 feet; the=, rth 0.52' 00" East, a distance of 5.28 feet to the Intersection of the do " Westerly line of Block 1, "LAKE EDEN SUBDI "!I019iPLAT NO.2", as recorded In Plat Book 29, page 53. of the public records at Palm Beach County, Florida; thence'~~? " 14' 45" Wesl along Said Westerly line of Block 1, a distance of 803,98 feet to the most Westerly comer of Lot I, t!Jf~~lock I, of "LAKE EDEN SUBDIVISION PLAT NO. 2"; thence North IS" 30'15" East. along the Northwesterly "~kl,Lotl, Block 1. a distance ot 101.11 feet to the Southeast pubhc records of Palm Beach County, florida; thence~I,'OJ,2S. ' 45' West. along the South hne of said Parcel A, a ::::~:f~:r:I~, f::::o:: :::::: :0:::1d ~~::::::::: 1~:'I:tl~:"k E:~t::: :ea::;n: :esaid Parcel A, a distance of 60.00 feet to the Southeast come ~h, ~IQck I, of said plat of 'LAKE VIEW HAVEN"; thence North 71" 28' 45" West along the South line of said Lot 1. fiC):-f), Cllstanca of 110.00 feet to the Southwest corner of said Lot 1, Block 1 and the Easterly rlghl-of.wayllne of State~fflQ. 9 (1-95); thence South 18' 31' IS" West, along said Easterly right-of-way line, a distance ot 387.38 feet to the POINji" p~I;lEGINNING aforedescrlbed. ~(';:::7v;> ( '" /' ; PARCEL 2' \~// . ~ A parcel of land lying In Section 5. TownShip 46 South, Range 43 East. ~a1~each County. Florida, being more particularly descrlbed as follows: (~'~~":' Commence at the Northeast corner of Lot A. as shown on the Plat of LAKS:l'fH~E ESTATES, ,as recorded In Plat Book 25. page 26, of the pUblic records of Palm Beach County, florida; thence NOrtl;.~59' 35" West (assumed), along the North line of said Lot A and Its Westerly extension, a distance of 220 feet, ~;<lr I~!!S, to a point In the East line ot the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 5. Townshl~S6lilff,'flange43 East. Palm Beach County. florida; thence North 00" 06' 21" East, along said line, a distance of 0,2,1 f~5o-.!he POINT OF BEGINNING of the parcel to be herein described and to the point of curvature of a curve con~outheast, having a central angle of 89.55' 15", and a radius ot 150 feet; thence Northerly and Easterly. along the arc of said curve, a distance of 235,41 teet to the point of tangency of said curve; thence South 89" 58' 35" East, parallel to the said North line of Lot A. a distance ot 70.21 feet to a point In the Northerly extension of the West right-of-way line of Lake Drive. as shown on said PAGE 1 of 3 BO~ i695 PAGE 0464 Exhibit "A" Plat of "LAKE SHORE ESTATES"; thence continue South 89" 56' 35" East. a distance of 60 feet to a point on the East right-of-way line of Lake Drive, 10 feet South of the Northwest comer of Lot 16, as shown on LAKE EDEN SUBDIVISION PLAT NO, 1, as r corded In Plat Book 26, page 21Ei, of the public records of Palm Beach County, Florida; thence North 00' 06' 21" Ea,l( ong the West line of said Lot lEi, a distance of 10 feet to the said Northwast comer of Lot 16; thence South 89" sa: ~ sl. along the North line of said Lots 13, 14, 15 and 16, as shown on Plat of "LAKE EDEN SUBDIVIS' LA' , 1", a distance of 467.49 feet to a point in the Southerly projection and the West line of said Lots 5 and Ei of ~~f.'~~ 'LAKE EDEN SUBDIVISION PLAT NO.1"; thence due North along said Southerly projection and the West line o.ts!tid),.ot~ and 6, a distance of 430,0 feet to the Northwest comer of said Lot 5 and the North line of the Plat of 'LAKE El:fEN..ll\:lElDIVISION PLAT NO.1'; thence South 69' 58' 35" East, along the said North line of LAKE EDEN :-f. .". SUBDIVISION PColY"l\!Q;: 1, a distance of 733.30 feet to the Northeast comer of Lot 1 of said plat of "LAKE EDEN SUBDIVISION PLAi(i~c)lF thence North 89" 42' 20" East, parallel with the South line of the Southeast 1/4 of the Northeast 1 /4 ofth~uthe,!!S\.j/4 of said Section 5. Township 46 South, Range 43 East, a distance of 425.58 feetto a point in the West right-of-~~Ine of Swinton Avenue as recorded In Road Plat Book 3, pages 250 and 251; thence North 10' 52' 1 r West. along~!\i~t right-of-way line, a distance of 100.73 feel to the Southeast corner of Lot 35 and the South line of "lAKE EDEl(eIJ,aa'1VISION PLAT NO.3". as recorded In Plat Book 29, page 219. of the public records of Palm Beach County. F1ortCla:lhenR South B8' 55' 03" West along the said South line of "LAKE EDEN SUBDIVISION PLAT NO.3", a distance of 53l,lJl6:~t to the Southwest comer of Lot 31 and the Southwest corner of said Plat of "lAKE EDEN SUBDIVISION PLAT No.@"' nce due North along the West line of the said Plat of 'LAKE EDEN SUBDIVISION PLAT NO.3", a distance of 638.~ l!I'ln an Intersection with the South line of the North 1/2 of the North 1/2 of the Southeast 1 /4 of said Section 5, %!1S~R~ South, Range 43 East; thence South 89" 20' 00" West, along the said South line oflhe North 1/2 01 the ~OittuJ~lifthe Southeast 1/4 of Section 5, a distance 011148.96 leettoan intersection with the West rlght-of-wa~~e 01 Lake Worth Drainage District's Canal No. E-4; thence North 4t' 56' 30' East, along the said West right-ol-way line, ~tance of 56.45 leet to the Southeasterly corner of Lot 41, Block 2, as shown on "LAKE EDEN SUBDIVISION P~p, 2", as recorded in Plat Book 29, page 53, of the public records of Palm Beach County, Florida; thence North 71 " ~ 45" West, along the Southwesterly line 01 Lots 41, 42 and 43, Block 2. as shown on said Plat 01 "LAKE EDEN SUBDIVISmp.L.AT NO.2", a distance of 256.34 leet; thence South 21" 14' 45" East, along the Easterly line of Lots 13, 14, 15 and 1 illl"1!lk,l' a distance of 523.34 feet to the Southeast comer of Lot 13, Block 1, of "LAKE EDEN SUBDIVISION PLAT - c ;~nce North 68" 45' 15" East. a distance of 310 feet; thence North 21' 14' 45" West, a distance 01 25 leet; thence Nd~,~.,45' 15' East, a distance of 400 feet; thence South 21" 14' 45" East, a distance of 250 feet; thence South 68" 45''t ~$t, a distance 01400 feet; thence North 21" 14' 45" West. a distance of 25 feet; thence South 66" 14' 45" West, I'S C1!'of 310 feet to the Northeasterly corner of Lot 12, of said "LAKE EDEN SUBDIViSION PLAT NO.2"; thence Sou ~~~(45" East, along the Easterly line 01 Lots 10.11 and 12. Block 1, of "LAKE EDEN SUBDIVISION PLAT NO, 2", a ce.llf'315 feet tothe beginning or a curve concave to the West having a radius of 150 teet and a central angle of ,:ol(ilQ.';lt.ence Southerly and Southwesterly, along the arc of said curve, a distance of 235,62 leetto the end of said cu~ tlJ~b9~South SS" 45' 15" West, along the South line of the Plat of "LAKE EDEN SUBDIVISION PLAT NO, 2", a distance &lil~S~t to the beginning of a curve concave to lhe North, having a radius of 150 feet and a partial central angle of 70' 5B( (6',~'!"ence Westerly and Northwesterly along the arc or said curve, a distance of 165.61 feet to an Intersection wtth the E~~tr:\I~~'\lf}qe West 1/2 of the Southwest 1/4 of the Southeast 1/4 01 Section 5. Township 46 South, Range 43 East; ttjE!hcJl''$0olh o' 06' 21. West, along the said East line of the West 1 /2 of the Southwest 1 /4 of the Southeast 1/4, a distanCEK~66,5B feet to the POINT OF BEGfNNING aforedescribed; LESS and not Including right-of-way for Lake Drive. .,::::." ((-0 LESS AND EXC~PT THEREFROM that portion as conveyed by Deed re~Eio.i~ Officlal Records Book 1719. Page 1218, 01 the PubliC Records of Palm Beach County, Florida, (( ./) ~,-:-'::"'--:7~ LESS AND EXCEPT THEREFROM that portion as conveyed by Deed reco~~'~Cial Records Book 5210. Page 1600, 01 the Public Records of Palm Beach County, Florida, \( \'::.:::.~_/ f\ ; r' ! I c.::-:,~:,,;:::-~ PAGE 2 of 3 BtXW ',695 PAGE 0...65 PARCEL 3: A parcel of land in the North 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 5. Township 46 South, Ran~ East, Palm Beach County, Rorida, bounded as to/lows: , /,\ On the NCl!'Ih:f'1'lh,~~outh line of 'lAKE EDEN SUBDIVISION PLAT NO.4', as recorded in Plat Book 30, page 122, of the public recooJs o!~ Beach County, Florida; on the East by Ihe West line of 'lAKE EDEN SUBDIVISION PLAT NO.3', as recorded i\t-r.hltjlpok 29, page 219, of the public records of Palm Beach County, Florida; on the South by the South line of the Norl~J1-2'9':111ie Northwest 1/4 of the Northeast 1 /4 of the Southeast 1/4 of Section 5, Township 46 South, Range 43 East; ~.on).~e West by the Easterly right-of-way line of Lake Worth Drainage District's right-of-way tor Canal No. E.4. \.(.-.; n\ 1(! ) ; ~....." \~} "i',. 0 PARCEL 4: 't':;:::-';' A parcel of land lying in ~~4 and 5. Township 46 South, Range 43 East. Palm Beach County, Florida, being more partiCUlarly described as fdItbWs: <. -"./,.: Commence at the intersectior\?~'f!jJl 'ne between Sections 4 and 5, Township 46 South. Range 43 East, Palm Beach County, Florida and the South r . tAll Southwest 1/4 of the Northwest 1/401 the Southwest '/4 of said Section 4; thence Easterly along the said S ~llijllOfthe Southwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 4, a distance of 1 05.49 feet, more or leQ~!iJ.t/:le;l>outhwest comer of the Plat of LAKE HEIGHTS, as recorded in Plat Book 23, page 206, of the public records at Palm:B-€lich County, florida; thence North 0.'3' 3D' West. on an assumed bearing along the Wesl boundary line of said iliat,. a ~ance of 570.44 feet to the Northerly rlght-of-way line at Coconut Road as shown on the said plat of 'LAKE HEIGHT~9 being the POINT OF BEGINNING; thence North 690 53' 00' West, along the Westerly extension at the North right-~~y line at Coconut Road, a distance at 285.91 feet to a point in the Easterly right-or-way of Swinton Avenue as recorde1f.n ~t.Book 3, pages 250 and 251, or the public records of Palm Beach CounlY, Florida; thence South 10. 52' 17' Eas/: ,at6l.ip the Easterly right-at-way line, a distance at 40,74 feetto a point on a line parallel to and 40.00 feet South, when m~I!!JJ:e4.at rlght angles to the said Westerly extension of the North right-at-way line of Coconut Road; thence South !ll1"~ 00' East, along said parallel line, being also the Westerly extension of South right-of-way line ot Coconut RGafI:'(a~ance of 278.39 teet to an intersection with the West line of the said plat of 'LAKE HEIGHTS'; thence North OO.'r.l"3'd;;'^!9st, along the West line ofthe said plat of "LAKE HEIGHTS', a distance of 40,00 feel 10 the POINT OF BEGINNING' ~ooJbed. \.S .~) '":;.1 '\;' /"...... \i" <<i\ .... (,~ \ /,' "-"'/ V:""-;{)j' \: .\ ~'~ /''::'''Yv> ( ( ./. \-:(--" r;:;\ \t.. '--) ~7',:':-)\ \,C"J.~ "----:;-'" (\..//;........--J.' \ /',. . ~f \} ':::::,-""", \ I r" .' , !.... )' .:--;A -.....=----~ Exhibit 'A' PAGE 3 of 3 BOOK 695 PAGE 0466 EXHIBIT B PERMITTED EXCEPTIONS A I. Ta~~d assessments for the year 2003 and subsequent years. 2. ~tiPliC!-),le zoning ordinances and other applicable governmental restrictions. 3. "Matt.!'~Survey. 4. E~rli}i'\t(s) granted to Florida Power & Light Company, recorded February 4, 1983, in Ofl'l:.cfH.(~@rds Book 3875, Page 1642, of the Public Records of Palm Beach County, Flon~:/ to, 5. Easem~~ jg\\nted to William R. Turner and Shirley F. Turner, his wife, recorded Decembaf21, J.9~, in Official Records Book 5520, Page 1818, of the Public Records of Palm Bea~ty, Florida. 6. Terms, cov~~@:.\conditions, easements, rules, regulations, obligations and other matters contained in ttfe'Decree Creating and Incorporating Drainage District, recorded June 22, 1990, in OfficiaJJ~fqQrds Book 6495, Page 761, as affected by documents recorded in Official Records\~~ 6495, Page 1165, Official Records Book 6495, Page 1545, and Offi~ial Records Borr.6~15, Page 1554, all of the Public Records of Palm Beach County, Flonda. \::::""7 7. Easement(s) granted tp.jhb' City of Delray Beach, recorded November 22, 1993, in Official Records Book'1990,~ge 1593, of the Public Records of Palm Beach County, Florida. ((30) 8. Terms, covenants, conditio'Q!(easements, obligations and other matters contained in the Ingress and Egress Easement'~",ed April 15, 2002, in Official Records Book 13607, Page 1605, of the Public Reco '. o(Palm Beach County, Florida. 9. Easement(s) granted to Joseph ':'m'\md Therese A. Pike, recorded October 8, 1997, in Official Records Book I 0026, P~:~9:!, having been re-recorded in Official Records Book 10037, Page 1586, all of the P\l)lHC~~ords of Palm Beach County, Florida. 10. Easement(s) granted to Jonathan L. );;~ llI.)d Christine B. Shepard, recorded October 14,1997, in ~fficial Records Book 10~~e:~~, of the Public Records of Palm Beach County,Flonda. ~.':, ":" II. Easement(s) granted to J.P. Listick, a sin .' ~iha;" recorded May 16, 1999, in Official Reco~ds BO?k 10988, Page 14~0, of the Pub '~~I(rds of Palm Be~ch County, Florida. 12. The nghts, If any, of the public to use as a p1l..~Jieach or recreatlonal area, any part of the land lying between the bo~y of water ~1f!~~\~)j land d~scribed in Exhibit A attached hereto and the naturallme of vegetalIortii1luff, extreme hIgh water Ime or other apparent boundary separating the publicly used aI'ea ~ the upland private area, and any right of access thereto. ([' ':' 13. Rights of property owners whose property abuts Lak'ein:rfIt,ake Eden) or the stream of water leading thereto or therefrom, in and to the conblir.re'#!.. use of the water of said lake(s) and in and to the bed or submerged portions th~1'~}!so. any rights of those owners to use said lake(s) for boating, fishing or other 'f~tB!t&,~ purpose, drainage or common purpose. .-., / /''; ~..::....::::-~ BlJOII '&95 PAGE '"&7 Dorotuy H. Wi 1 k,m. Clerk 14. Any portion of the land described in Exhibit A attached hereto which is (a) submerged land or is (b) artificially filled in land, artificially exposed land, or any land accreted thereto, in what was formerly navigable watcrs. Also subject to the right of the United States Government and/or the State of Florida control over navigable waters in the inte~t of navigation and commerce, and the inalienable right of the Statc of Florida in the and/or watcrs of such character. " 15~P8tI~ Rights of others. 16. 'lUty ,~Ung easements or rights of way for Coconut Road over Parcel 4. 17. ~access to Interstate 95 (State Road 9) and rights of ingress, egress, light, air and VICW:" /)) 0 ~ " '> /"" ""_."\ \.i1:'j"', (). ~.J .i!'~ -, ",0 /:,..;' <:-'/":::-" \~:?r (2:, \Vi .~."~.... /~,.',. \i::??_, \(" ,....' (,' ," / .".. .'" ,,--- .'.~ '-"/-':;' /:/ G:\RJR\BE Aerospace\Salc of Delray Beach ~NA TIONAL LAND COMPANY\CLOSING DOCUMENTS\Specilll Warranty Deed,doc C:j;) 'C5 (('~ ".;-.\ l., (i ..:.:::>,.........\ ((')Jj \. "- \.I'f.... ....-., .,/')" 1\:-..-.........- . \( ~.:,.::., //" ~ ~~),~~. '\J...... .....,to ,"~~ \ '(."" ','" "" ~'- v ( .,-' ,J ~/ \(/;{))' \' ,\ \" '.. "~....~~, )"") t'r .Iv/, ,1._/.... ',{ I",-~ / " I i ',1 '-.,"':;;;,.......... /~..-\\ 1\(' i i ,../ ""51 "-----"/' />')' ~-;:...,( - 'r \! '.:.:::_/ \ ./;/'" ~:..::;;:-~ Bermuda Bay Annexation Statement of Interest, and Land Use & Zoning Change Justification Statement Annexation Statement ofInterest The applicant wishes to develop the subject property in a way that will be most compatible with the surrounding properties, In order to facilitate this, Palm Beach County would require a Land Use change designation and a rezoning because the two designations are currently in conflict. The existing Land Use designation is MR5-Medium Residential and the zoning is currently AR, CG and RS. The applications for Land Use and Zoning must be filed either with the County or the City. Since the 17 units would eventually receive water and sewer from the City of Boynton Beach, the applicant feels it would be appropriate to have the City annex the property so as to acquire the tax base. Land Use & Zoning Change Justification Statement 1. The change in Land Use designation and rezoning of the subject property is in conjunction with a petition for annexation in the City of Boynton Beach. The proposed Low Density Residential (LDR) land use designation has a maximum density of 4.84 units per acre. However, the density of the project will be 1.99 units per acre. The LDR designation is a lower density than the existing County designation of MR-5-Medium Residential, and LDR is compatible with the adjacent LDR designation. Furthermore, it provides an appropriate buffer for the adjacent single family and 1-95 to the west and the Light Industrial designation to the south. The rezoning is from Commercial General (CG), Residential Single Family (RS), and and Agricultural (AR) to R-l-AAB Single Family. The R-l-AAB is the same as the adjacent single-family district and is obviously more compatible than the existing County designations. Objective 1.10 of the Comprehensive Plan Land Use Element states that "the City shall... take action to eliminate nonconforming Commercial and Industrial uses which are located in residential zoning districts..." The County's CG district, which lies adjacent to the City's Single-Family District, would be eliminated. Furthermore it would extend the same R-I-ABB Zoning District so as to develop a project that would be, in fact, less dense than the existing adjacent single-family. Policy 1.13.3 ofthe Comprehensive Plan Land Use Element states that "the City shall continue to encourage infill development... This policy is a part of an overall goal to curtail urban sprawl. This project would constitute infill development, since it is surrounded by developed land, and is one of the last properties remaining vacant east ofI-95 in the South Palm Beach County area. 2. The proposed amendment would not result in any isolated or conflicting zoning, and as it is accompanying an annexation, does not constitute any granting of special rights. 3. The changing condition making this re-designation desirable is the annexation itself. The subject property abuts the City of Boynton Beach on two sides and would constitute a 'squaring off of the City's boundaries. This annexation is therefore not only a logical progression of the city's expansion; it would also increase the city's tax base. 4, The subject property is currently undeveloped and is not served by any public utilities, however public utilities exist nearby. The necessary off-sight improvements will be constructed, and/or monetary contributions made in association with this project in order to insure that public service demands can be met. The amount of trips created per day for 17 single family units would be approximately 170, which is far fewer trips than would have been generated by a commercial property, such as the County zoning designation would allow. 5. The proposed land use and rezoning is compatible with the current and future use of adjacent properties since residential use is extremely more compatible with the adjacent residential uses than the existing General commercial County zoning. Furthermore, the proposed land use and zoning would positively affect the property values of adjacent and nearby properties especially because of the elimination of the incompatible General Commercial currently assigned to the parcel. 6, The existing designations are within Palm Beach County jurisdiction, and accordingly must change to a designation within the land use categories established in the City of Boynton Beach Comprehensive Plan. 7. The proposed Land Use and Zoning change will provide a housing category, which is currently in high demand within the City and the immediate vicinity. The physical characteristics will be consistent with this housing type elsewhere in the City of Boynton Beach, and will remain compatible with the immediate surrounding uses. 8. Since the subject site is being annexed in the City, and will contain housing that is currently in high demand within the City, the proposed change represents the highest and best use for the subj ect property. The proposal would not be appropriate for considerations of other locations given the concurrent annexation. Bermuda Bay Impact Analysis 1. Under the current County Land Use the subject property is designated MR 5-Medium Residential and has a Zoning designation of AR, CG, and RS. The property would not be able to be developed with its current conflicting County Land Use & Zoning classifications. Therefore, the existing impact of the undeveloped parcel is zero. The proposed Zoning and Land Use designations of Low Density Residential & R-1-AAB, respectively would allow a maximum of 4.84 units to the acre. However, as shown in the enclosed site plan there are only 17 units being proposed for this project. That is a density of approximately 2 units to the acre. 2. The uses that would be allowed in the proposed zoning district is solely single family residential and that is what is proposed in this project. 3, The proposed project will not be phased and is expected to be completed within the next two years. 4. There will be no employees, as this is for residential use. 5, According to Vinod Sanbanansamy, Palm Beach County Transportation Planner II, no Traffic Study will be warranted due to the deminimus nature of the land use & zoning changes (Policy 3.5d. of the Palm Beach County Compo Plan Land Use Element). 6. There are no existing water demands for the subject property, and the proposed 17 units are estimated to require 560 GPD per unit, which would result in a total demand of9,520 GPD, 7. There is also no sewage demand for the subject property's existing undeveloped state. It is estimated that the proposed 17 units would produce 400-450 GPD per unit, which would total approximately 6,800 to 7,650 GPD of discharge. 8. The existing population is zero, and the projected population for the project based on the assumption of 17 units at 2.5 persons per household would be 43. Bermuda Bay Land Use Amendment Trip Generation Comparison (Response to Item 5) Aooroved Dailv Land Use ITE Total Designation Code Intensitv Trio Generation Rate 1 Trios MR-5 210 43 Dus 10 oer DU 430 Pro Dosed Dailv Land Use Desi nation Low Densi Res, ITE Code 210 Total Tri s 410 Net New Trios (20) Aooroved AM Peak Hour Land Use ITE Total Trips Designation Code Intensitv Trio Generation Rate 2 In I Out I Total MR-5 210 43 ,75 per DU (25/75) 8 I 24 I 32 Prooosed AM Peak Hour Land Use ITE Total Trips Designation Code Intensity Trin Generation Rate (2) Low Density In I Out I Total Res. 210 41 .75 per DU (25/75) 8 I 23 I 31 Net New Trios (]) Aooroved PM Peak Hour Land Use ITE Total Trips Deshmation Code Intensity TriD Generation Rate (2) In i Out I Total MR-5 210 43 1.01 per DU (64/36) 28 I 15 I 43 Prooosed PM Peak Hour Land Use ITE Total Trips Designation Code Intensitv Trio Generation Rate (2) Low Density In I Out I Total Res, 210 41 1.01 per DU (64/36) 26 I 15 I 41 Net New Trios (2) Source: Section 10.8, Fair Share Road Impact Fees, of the Palm Beach County Unitied Land Development Code (ULDC). 2 Source: Institute of Transportation Engineers (ITE), Trio Generation 6th Edition. City Codes Accessed Via \Vcbsite: 'A'ww. bovnwn-be:Kh.or<.; \vw\v.Jml(:g:JI.com/bo;mlon bC:J.ch _fl.llS Has applicant attended a pre-application meeting? 1M. ,Date: f/v!J CITY OF BOYNTON BEACH, FLORIDA PLANNING AND ZONING DIVISION ANNEXATION APPLICATION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Department. (2 copies of application required.) PROJECT NAME: Bermuda Bay AGENT'S NAME: Caulfield & Wheeler, Inc. c/o Michael J. Covelli, AICP/ASLA V.P. ADDRESS: 7301A W. Palmetto Park Road, Suite 100-A Boca Raton, FL 33433 OWNER'S NAME National Land Comoanv c/o Victoria Paladino (Or Trustee's) ADDRESS: 1528 N. Lakeside Drive Lake Worth, FL 33460 PROJECT LOCATION: AND peN NUMBER Adjacent to and east of 1-95. North of Lake Ida Road. west of Lake Drive (Not legal description) 00-43-46-05-00-000-5140 'CORRESPONDENCE ADDRESS: (If different than agent Or owner) 'This is the only address to which all agendas, letters and other materials will be forwarded. i r' '.---"'l ""I ~ <, ! \-r; L 2 i _~J GENERAL DATA Name of Developer/Owner: National Land Como any c/o DAyid PAlAdino Area of Subject Property 745,806 Sq,Ft. or Acres: 17.121 Estimated Present Population: 0 Existing Future Land Use: MR ') Med. Res. (County) Proposed Future Land Use: Low Density Residential Existing Zoning: AR, CG, RS (County) Density Allowed: In RS District 5 d,u,'s Proposed Zoning: R-1 - AAB Density Allowed: = 4.84 d,u,'s EXISTING UTILITIES: Water: none Wastewater Collection: none Solid Waste (garbage): none STATEMENT OF USE EXISTING USE: vacant PROPOSED USE: 17 single family dwelling units JUSTIFICATION Express in your own words why this annexation will be beneficial to Boynton Beach. 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L}J t' j ~ c P- P oJ s:> -<. . fTl )> (f) .-l lJ )> , ;;:: CD fTl )> o I o o C Z -l .-< II: 111111111111111111 This instrument was prepared by and should be returned to: R. James Robbins, Jr.. Esquire Hill, Ward & Henderson, P.A. Bank of America Plaza, Suite 3700 101 East K~y Boulevard Tampa, FIOJjda.",,~602 \;// !. " '~ <..<)\ \//,)0 \~/ / i-.~""'" ; ... ,r~.. ~.~I n\ \( J 'v .:::::./ . ).......0 "/":' \;"7 1r1', I,nJ J.::" ...._~,/ ~ ~ THIS SPECIAL ,~ DEED is made to be effective as of the ,u:: day of Dccember, 2002, by anJ,~ BE AEROSPACE, INC., a Delaware cotporation, f7k!a BE AVIONICS, INC., a Dela\VMe--~tporation. whose mailing address is 1400 Cotporate Center Way, Wellington, Florida 3~t4'ffi.l:reinafter referred to as the "Grantor"), and NATIONAL LAND COMPANY, INC., a It1Prldll corporation, whose mailing address is 1528 N. Lakeside Drive, Lake Worth, Florida 334'60 (l!~inafter referred to as the "Grantee"). C;::;:;;'J V ~~'~~~~IH: (( u ....::::>,.-:-~;" ((\.j) The Grantor, for and in considerat~ojl\he sum ofTen and No/lOOths Dollars ($10.00) and other good and valuable consideratiorlS,(th~'-l):l:eipt and sufficiency of which are hereby acknowledged, hereby grants, bargains, sells, ~~s?remises, releases and transfers unto the Grantee, its successors and assigns, all that ce~f~d~tuate in Palm Beach County, Florida (the "Property"), more fully described as follows: 'Y:'>J.;<) ... ,', See Exhibit A attached hereto ii'i./ij:{i:ptporated herein by reference, which land is subject to ~~,-,~at~s set forth on Exhibit B attached hereto and incotporatec( /leJdt)Afy reference. \7 Property Appraiser's Tax Folio No.: 00-43-46~~~-OOO-5100' 00-43-46-05-00-000-5140, 00-43-46-05-00-0 ~ 150, ., ..-..... 08-43-46-05-00-000-5220, 12-43-46-04-00-000- ('io;'l\nd . I, 12-43-46-05-00-000-5230. \:.:<<::,::<.. , //)) Federal Tax Identification No, of Grantee: \(\C::~~:~\ C::::~~ 01/22/2903 11:31:00 20030036362 OR BK 14695 PG 1461 Pal. B&ach County, Flo~ida AMT 3,2BB,BBB.BB Doc Stamp 22,400.BB SPECIAL WARRANTY DEED Boor \6'35 PAGE 0462 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. Th0\~tor does hereby covenant with the Grantee that the Grantor is lawfully seized of the Pr~y".~~Zee simple; that it has good, right and lawful authority to sell and convey the PropertJ\ and-lpRt it warrants the title to the Property, subject to the matters set forth on Exhibit B, and W~~d the same against the lawful claims of all persons whomsoever claiming by, lhrough ort~C(~ Grantor but against none other. Except for the special warranty of title made in thi~Jl~<f:l~f conveyance, the Grantor makes no other representations, warranties or covenants her6ltJj ljdd hereby expressly disclaims any and all implied representations, warranties and covenants, \V11ether!ltlsing by operation of law, by statute or otherwise. /'/ '\;<~ IN WITNES:S-/~~REOF, the Grantor has caused this instrument to be executed the day and year fIrst above ~l'itten, ., /'.,? Signed, sealed and deliv~~;}J? , th f '" ,---- In e presence 0 : ,,(;,.:~;\. '\- " '---, ~ ~ W~-((;:--s Name::Jenni~ '5. f.AJ4J.5t. (~) (PrintorTypeName) V . " :r....J kl Un (Print or Type BE AEROSPACE, INC., a Delaware corporation q an K('~) ~:::::;;>r""':"'--;.. f /\\"') I { \..... \~,;)...? <:-->--", \r \:":;"'l /,.....\.\ 1-" STATE OF FLORIDA '-< /-:.> ,-, \;/" '-' COUNTY OF PALM BEACH ~;;:);:,~ The foregoing instrument was acknowled~f1J.~1qre me this ~ day of December,' 2002, by Jeffrey P. Holtzman, as Vice President of B ,,' s ace, Inc., a Delaware corporation, on behalf of the corporation, He is rsonal /-Igl to me or has produced as identifIcation. \ -j- (Corporate Seal) " I f.~,"'~"k l ..?;.... t.'\'G~ 1"..,. \.' ....:,.. "".,~)'~-,..\ %~,;;~j.?L (Type, "- '.- \ /r' My Commission EXPi~m\2-\ dP BOlli( 695 PAGE il463 Exhibit. A' ~ PARCEL 1 : /::::')\ A parcel O~lli'lO, I I~y ,. . Section 5, Township 46 South. Range 43 East, Palm Beach County, Florida. said parcel being more particularly' crlbed as loIlows: ',.,/ Beginning at a ~~n,piv)ege the East rlght-ol-way line 01 State Road No, 9 (1-95) Intersects the North line of the South 3/4 ofthe South 1/2 ~~l~ection 5, said point also being 387.38 leet (as measured along said East rlght-ol-way line) South 01 the Sout~~*CCim9l' 01 Lot 1. Block 1. "LAKE VIEW HAVEN". as recorded In Plat Book 32, pages 53 and 54, of the public records otPalm ~~ County, Florida; thence along said rlght-ol-way line South' 8' 31' 15" West (assumed). a distance 01 1365.57 leeU~ point In the Northwest comer of that certain parcel described In Official Records Book 1788, page 405; thence~9~' 31' 15' West, a distance 01 380.00 leet, more or less; thence South 89' 58' 35' East, and parallel w~h the Nort~Qi./l;,blthe South 1/4 of the South 1/2 of said Section 5. a distance of 300.00 leet, more or less. 10 the approximate sl1me IInEl-~ Uike Ida as maintained; thence North 18' 31' 15" East, along said shore line, a distance of 380.00 leet, moreij~to a point on a line 48.00 feet North of and parallel to the said North line 01 the South 1/401 the South 1/2 of i~ 5; thence South 89' 58' 35" East, a dlstancQ 01 185.00 leet; thence North 30' 25' 48" East. a ctIstance 01 138.00 I .'tt,iem;e North 59' 34'14" Wes~ a distance 01 162.57Ieet; thence North 16' 49' 16" East, a distance 0138.91 leet to a ~Jr)!'9Io~rvature; thence Northerly along the arc of a curve to the Southeast having a radius of 67.85 feet and a central an'~'W' 03' 30", a distance of 57.92 leet; thence North 65' 52' 48" Easl, on a line tangent to the last described curve a It~nce 0190.85 leet 10 a point of curvature; thence Northerly, along the arc 01 a curve, concave to the Northwest having a~,s 01 106.261eet and a central angle of53' 41' 47", a distance of9S.58 leet; thence South 59' 34' 14' East, adlstanc(, 9leet; thence North 30' 25' 46" East. a distance of 137.4OIeet; thence South 89' 34' 14" East, a distance of 275, eet; thence North 01' 39' 46' East, a distance 01 125.40 leet; thence North 37' 41' 35" East, a distance 0188.34 leet; then~{lh O' 52' 00" East. a distance of 5.28 leettothe intersection of the Westerly line of Block 1, "lAKE EDEN SUBDI~~19I9iPLAT NO.2", as recorded in Plat Book 29, page 53. of the public records of Palm Beach County, Florida; thence'~';ll ' 14' 45" West, along said Westerly line of Block 1, a distance 01 803,98 leet to the most Westerly comer of Lot 1 , 1!J~~ltIJ~IOCk 1, of "LAKE EDEN SUBDIVISION PLAT NO.2'; thence North 18' 30' 15" East, along the Northwesteny Iin~jakJ.Lotl, Block 1, a distance of 101,11 leet to the Southeast corner 01 Parcel A, as shown on the plat of "LAKE vtffN t-b\IlEN", as recorded In Plat Book 32, pages 53 and 54. of the pUblic records 01 Palm Beach County, Florida; thence~~l<O:;28' 46' West. along the South line of said Parcel A, a distance of 19S.88 leetto the Southwest comer of said , ~t~nce North 18' 31' 15" East along the West line of said Parcel A, a distance of 60.00 leet to the Southeast corne pH. eJl:!ck 1, of said plat of 'LAKE VIEW HAVEN"; thence North 71' 28' 46" West along the South line of said Lot 1. 'k-r).Cllstance of 110.00 feet to the Southwest corner of said Lot 1, Block 1 and the Easterly rlght-ol-way line of State~lj"1\(Q. 9 Q-95); thence South 18' 31' 15' West. along said Easterly right-of-way line, a distance of 387.38 feet to the POIN(l" ~'F.:3lEGINNING aforedescrlbed. '7'::"'" J'; j.l ,r"............... \1....... I PARCEL 2: '((/ A parcel of land lying in Section 5, Township 48 South, Range 43 East, PaI~each County. Florida. being more particularty described as loIlows: ((, ~'-_ . ,.' .,-,:\ Commence al the Northeast corner 01 Lot A. as shown on the Plat of LAKe:ISH9B,E ESTATES. as recorded in Pial Book 25, page 26. of the pUblic records of Palm Beach County, Florida; thence NOrttr/l9} 59' 35" Wesl (assumed), along the North line of sal:l Lot A and ~s Westerly extension, a distance of 220 leet, ~;df~~, to a point In the East line of the West 1/2 olthe Southwest 1/4 of the Southeast 1/4 of Section 5. Townshlp.i4&S6utff,'Aange 43 East. Palm Beach County. Florida; thence North 00' 06' 21" East, along said line, a distance of 0.21 19litttNhe POINT OF BEGINNING of the parcel to be herein described end to the point of curvature of a curve con~outheast, having a central angle 0189' 55' 15", and a radius 01150 leet; thence Northerly and Easterly, along the arc of said curve, a distance of 235.41 feet to the point of tangency of said curve; thence South 89' 58' 35" East, parallel 10 the said North line 01 Lot A. a distance of 70.21 leet to a point In the Northerly extension of the West right-Of-way line 01 Lake Drive, as shown on said PAGE 1 of 3 BOlli( ',69~ PI'l6E 0464 Exhibit 'A' Plat of 'LAKE SHORE ESTATES'; thence continue South 89. 56' 35' East. a distance of 60 !eetto a point on the East right-ai-way line of Lake Drive, 10 leet South 01 the Northwest comer of Lot 16, as shown on LAKE EDEN SUBDIVISION PLAT NO, 1, as r corded In Plat Book 28, page 216, of the public records of Palm Beach County. Florida; thence North 00" 06' 21' Ea , ong the West line of said Lot 16. a distance of 10 feel 10 the said Northwest comer of lot 16; thence South 89 ~ ~, ; sl. along the North line of said Lots 13. 14, 15 and 16, as shown on Plat of 'lAKE EDEN SUBDIVIS~L..A; , 1', a distance of 467.49 feet to a point in the Southerty projection ~nd the Westlln~ of ,said Lots 5 and 6 01 sai~J"~lll~ 'LAKE EDEN SUBDIVISION PLAT NO. I'; thence due North along said Southerty projection and the West line t(s~ ~t and 6. a distance at 430,0 feet to the Northwest comer 01 said lotS and the North line 01 the Plat of 'LAKE E'tfEf'Ul IVISION PLAT NO.1'; thence South 69. 56' 35' East, along the said North line 01 lAKE EDEN :i. .'~. . SUBDIVISION P~T:!'I~ I, a distance of 733.30 leetto the Northeast comer 01 LotI of said plat of 'LAKE EDEN SUBDIVISION PLA~t!lqlh thence North 89. 42' 20' East, parallel with the South line of the Southeast 1/4 of the Northeast 1 /4 ofthe~uthll!'!stj/4 01 said Section 5, Township 46 South, Range 43 East, a distance of 425.58 leello a point in the West right'of'vm.Y~lne of Swinton Avenue as recorded in Road Plat Book 3, pages 250 and 251; thence North 10. 52' 17' West. along'~1Q~ rtghl-of,way line, a distance of 100,73 feet to the Southeast corner of lot 35 and the South line of 'LAKE EDEr($J.l:etJlVISION PLAT NO.3', as recorded In Plat Book 29, page 219,01 the public records of Palm Beach County, Florida:1:henl'!: South 88" 55' 03' West along the said South line of 'LAKE EDEN SUBDIVISION PLAT NO, 3', a distance of 5311.96:~, t to the Southwest comer of Lot 31 and the Southwest corner 01 said Plat of 'lAKE EDEN SUBDIVISION PLAT NO{~" nee due North along the West line of the said Plat of 'LAKE EDEN SUBDIVISION PLAT NO.3', a distance 01 638.~ ~an Intersection with the South line of the North 1/2 of the North 1/2 of the Southeast 1 /4 of said Section 5, ~nshiRi6 South, Range 43 East; thenca South 89" 20' 00' West, along the said South line 01 the North 1/2 of the NOrt!:1AJ-i'of the Southeast 1 /4 of Section 5, a distance of 1148.96 feet to an Intersection wnh the West rtght-of-wav.4(ne 01 Lake Worth Drainage District's Canal No. E-4; thence North 41 " 58' 30' East, along the said West right-ai-way line, ~tance of 58.45 feet to the Southeasterty corner of Lot 41 , Block 2. as shown on 'LAKE EDEN SUBDIVISION p~)), 2', as recorded in Plat Book 29, page 53, of the public records of Palm Beach County. Florida; thence North 71 . ~~5' West, along the Southwesterty line of Lots 41. 42 and 43, Block 2. as shown on said Plat of 'LAKE EDEN SUBDIVISlprt.P.LAT NO.2'. a distance of 256.34 feet; thence South 21. 14' 45' East, along the Easterly line of Lots 13, 14, 15 and l~i1ilC;@k I, a distance of 523.34 feet to the Southeast corner of Lot 13, Block 1,01 'LAKE EDEN SUBDIVISION PLAT ~;~nce North 68" 45' IS' East, a distance of 310 feel; thence North 21. 14' 45" West, a distance of 25 feet; thence Ncl~'~~.4, 5' IS" East, a distance of 400 feet; thence South 21. 14' 45' East, a distance of 250 leel; thence South 68.45'') VJQSt, a distance of 400 feet; thence North 21. 14' 45' WeSl, a distance of 25!eet; thence South 66. 14' 45' West. i'S 'ClIof 310 feet lathe Northeasterly corner of Lot 12. of said "LAKE EDEN SUBDIVISION PLAT NO.2'; thence Sou :;tf~5" East. along the Easterlyllna of lots 10,11 and 12, Block 1, of 'LAKE EDEN SUBDIVISION PLAT NO.2", a $nClil.o!~,15 feet to the beginning of a curve concave to the West having a radius of 150 feet and a central angle of <;lJl.(oW;,j,AtlnCe Southerly and Southwesterly, along the arc of said curve, a distance of 235.62 feetto the end of said cuI"\llt t!)Ri1be""South 68. 45' 15' West, along the South line or the Plat of 'LAKE EDEN SUBDiVISION PLAT NO.2", a distance &li1~~\ltto the beginning of a curve concave to the North. having a radius of 150 feet and a partial central angle of 70" 58l ~6\,tJlence Westerly and Northwesterly along the arc of said curve, a distance of 165.81 feet 10 an Intersection w~h the E~-A.nll;l?fJll.e West 1/2 at the Southwest 1/4 01 the Southeast 1/4 of Section 5. Township 46 South, Range 43 East; t"Qh<;ll~h 0.06' 21" West, along the said East line of the West 1 /2 of the Southwest 1 /4 of the Southeast 1 /4, a dlstanc~<1!-168,58 feet 10 the POINT OF BEGfNNING aforedescribed; LESS and not including rtght-of-way for Lake Drive. ~':::")\ LESS AND EXCEPT THEREFROM that portion as conveyed by Deed re' '~ir;l Official Records Book 1719. Page 1218. of the Public Records of Palm Beach County, Rorida. ( )) "......' /.;- LESS AND EXCEPT THEREFROM that portion as conveyed by Deed reco~:;;f~~cial Records Book 5210, Page 1600, of the Public Records of Palm Beach County, Flortda, V \':::::::::.~./ f\ fr' .'I c:""~:;=-.!':, PAGE 2 of 3 BOOK 695 PAGE 0~65 PARCEL 3: A parcel Dfland in the North 1/2 of the Northwest 1/4 of the NDrtheastl/4 Df the Southeast 1/4 of Section 5, Township 46 South, Ran~ East, Palm Beach County, Rorida. bounded as follows; ~~ On the N~by t'1~~outh line of "LAKE EDEN SUBD/VISION PLAT NO, 4'. as recorded In Plat Book 30, page 122, of the public rec~s of,fr<l/R1Beach County. Florida; on the East by the West line of 'LAKE EDEN SUBDIVISION PLAT NO, 3', as recorded i\tp.:knftpok 29, page 219, of the public records of Palm Beach County, Florida; on the South by the South line Of the Norl~J1.2'9f;iJlie Northwest 1 /4 or the Northeast 1/4 of the Soulheast 1/4 of Section 5, Township 46 South, Range 43 East; il(:.j))rl).~e West by the Easterly right-of-way line of Lake Worth Drainage District's right-of-way for Canal No. E-4. ';...( n\ t! ) ....../ \~i. )'..0 PARCEL 4: ~;?-'~ A parcel of land lying in Sl1(tji>>4 and 5. Township 46 South. Range 43 East. Palm Beach County, Florida. being more particularly described as fOllbWs: h '" - Commence at the intersectlor\?~h~ 'ne between Sections 4 and 5, Township 46 South, Range 43 East, Palm Beach County, Florida and the SDuth I th\! Southwest 1/4 ofthe Northwest 1/4 oflhe Southwest 1/4 of said Section 4; thence Easterty along the said S y{Ml[~floflhe Southwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 4, a distance of 105,49 feet. more or leBil;:!p'~!:le;Southwest comer of the Plat of LAKE HEIGHTS, as recorded in Plat Book 23, page 206, of the public records of Pa1n1Sel!lch County, Rorlda; thence NorthO" 13' 30' West. on an assumed bearing along the West boundary line of said !lIat. a 9J:!.tance of 570.44 feet to the Northerly right-of-way line of CocDnut Road as shown on the said plat of "LAKE HEIGHTS~lJ being the POINT OF BEGINNING; thence North 69" 53' 00" West, along the Westerly extension of the North right-\f~ line of Coconut Road, a distance of 285.91 feet to a point in the Easterly right-of-way of Swinton Avenue as record8cf,n ~t~ook 3, pages 250 and 251. of the public records of Palm Beach County, Florida; thence South 10" 52' 17" Eas",atlitl~ the Easterly right-of-way line, a distance of 40.74 feettoa point Dn a line parallel to and 40.00 feel South, when mll@lW~at right angles to the said Westerly extension of the North right-at-way line of Coconut Road; thence South !liI'."~ 00" East, along said parallel line, being also the Westerly extension of South right-of-way line of Coconut RGaliI, 'Q'.\l[stance of 278.39 feet to an intersection wtth the West line of the said plat of "LAKE HEIGHTS"; thence North 00 " l(,ii-:ro;W!Jst. along the West line of the said pial of "LAKE HEIGHTS', a distance of 40,00 feet to the POINT OF BEGINNING' ~'\'!ibed. '-< ....S') '("_/"~'-:" ~/>:,;,\, ,.... (,~ \ /.- ~;;{)\) \. ,\ ~':~- (--"~ \f //'" "tV'/'" " Exhibit 'A' .'~ ~>-)'\ 1 .....-1 ~:;,,;;.~.,u., " ,,--\\ Ie I' \ ~.I " .' ;'''', ..._'-<"<,.~ /'/)" ) ~ ".! ,( ';"- ./,' \,;. ',-_.- \ /" " ,.... . .:--~ '-'=:-:.:--- PAGE 3 of 3 800M 695 PAGE 0466 EXHIBIT B PERMITTED EXCEPTIONS I. Tax~d assessments for the year 2003 and subsequent years. 2. ~;PH(),We zoning ordinances and other applicable governmental restrictions. 3. 'Matt~~Survey. 4. E~~, t(s) granted to Florida Power & Light Company, recorded February 4, 1983, in Offir;fii(~66rds Book 3875, Page 1642, of the Public Records of Palm Beach County, Flon1~!i/,.-;:, 5. Easem~~ Wanted to William R. Turner and Shirley F. Turner, his wife, recorded Decem~'21, l.9~, in Official Records Book 5520, Page 1818, of the Public Records of Palm Be~ty, Florida. 6. Terms, cov~it(~L'i:onditions, easements, rules, regulations, obligations and other matters contained in't'tfe'Decree Creating and Incorporating Drainage District, recorded June 22, 1990, in Officia,.tM~rds Book 6495, Page 761, as affected by documents recorded in Official Records\~~ 6495, Page 1165, Official Records Book 6495, Page 1545, and Offi~ial Records BO?Jfo~~5, Page 1554, all ofthe Public Records of Palm Beach County, Flonda. \::.;:,...-'7 7. Easement(s) granted tirJbe> City of Delray Beach, recorded November 22, 1993, in Official Records Book'1990'6age 1593, of the Public Records of Palm Beach County, Florida. (cP) 8. Terms, covenants, conditio~easements, obligations and other matters contained in the Ingress and Egress Easement, ~ed April 15, 2002, in Official Records Book 13607, Page 1605, of the Public Reco~ o(Palm Beach County, Florida. 9. Easement(s) granted to Joseph A::mlUd Therese A. Pike, recorded October 8, 1997, in Official Records Book 10026, p~\"?9:!, having been re-recorded in Official Records Book 10037, Page 1586, all of the F\l)i1lC~el;ords of Palm Beach County, Florida. 10. Easement(s) granted to Jonathan 1. ~~atfl"a;gd Christine B. Shepard, recorded October 14,1997, in Official Records Book 10~~e..~2, of the Public Records of Palm Beach County, Florida. <:;:::: ":' ,:\, II. Easement(s) granted to J.P. Listick, a sin~wPiha;" recorded May 16, 1999, in Official Reco~ds BO?k 10988, Page 14~0, of the Pub'li-~1I/rds of Palm Be~ch County, Florida. 12. The nghts, If any, of the public to use as a p1l..~Jieach or recreatIOnal area, any part of the land lying between the body of water abiflm~~ land described in Exhibit A attached hereto and the natural line of vegetatiorrlil1trl'f, extreme high water line or other appw:ent boundary separating the publicly used aPea ~ the upland private area, and any nght of access thereto. r( () 13. Rights of property owners whose property abuts Lak'e=~~e Eden) or the stream of water leading thereto or therefrom, in and to the con~4.I):e'Pl. use of the water of said lake(s) and in and to the bed or submerged portions thCj;~1uso, any rights of those owners to use said lake(s) for boating, fishing or other ~ta:i~~ purpose, drainage or common purpose. .I r ~.'_~~ B~ '&95 PAGE 0~&7 Dorotnv H. Wilkpn, C}prk 14. Any portion of the land described in Exhibit A attached hereto which is (a) submerged land or is (b) artificially filled in land, artificially exposed land, or any land accreted thereto, in what was formerly navigable waters. Also subject to the right of the United States Government and/or the State of Florida control OVCl' navigable waters in the int~st of navigation and commerce, and the inalienable right of the State of Florida in the laii~d/Or waters of such character. 15...Ri.PiU1'" Rights of others. 16:\("y ,c;X~ g easements or rights of way for Coconut Road over Parcel4. 17. UWl~access to Interstate 95 (State Road 9) and rights of ingress, egress, light, air and vieW~' _,)) 0 -v.'J' .' \(' (-\ t.'~'l D.; ~!fO 0 ,./~..;. \\:( (Q\ \..... f '~..~..... ~" ~~ l../ __, '\( ,rr'~'-"'\ ~f ,. o , ;._ ,1.---, .-.... /' -.s' // G:\RJR\BE Aerollpace\Sale of Dclray Beach ~\NATlONAL LAND COMPANY\CLOSING OOCUMENTS\Special Warranty Deed.doc (cf) c..s (1--" .'" ,\ (. (; '..._~<~~;:\ ! tV) \'.... '-, '--.<r. ~ ~>,-,-,.', \(' '-=''-':0 />"\.~ ,-, \...< '"' ,-' ,0--'"".:>., \1 ,.....,. \ i \ '\(/ .J';'\) v/ \(/;;;:'\)' '. \\1 \ \, '" ~,,---....... ( (}',;!:> 'i~,/ ',) /.~ \f~.~-!..... , ,-,.\ (," i i ,C..,;.,_ '-</:i... /"(-)1 \("\....- ",/ f\ .. ,-- /~ .', ~_::.-~ Bermuda Bay Annexation Statement of Interest, and Land Use & Zoning Change Justification Statement Annexation Statement ofInterest The applicant wishes to develop the subject property in a way that will be most compatible with the surrounding properties, In order to facilitate this, Palm Beach County would require a Land Use change designation and a rezoning because the two designations are currently in conflict. The existing Land Use designation is MR5-Medium Residential and the zoning is currently AR, CG and RS. The applications for Land Use and Zoning must be filed either with the County or the City, Since the 17 units would eventually receive water and sewer from the City of Boynton Beach, the applicant feels it would be appropriate to have the City annex the property so as to acquire the tax base. Land Use & Zoning Change Justification Statement 1. The change in Land Use designation and rezoning of the subject property is in conjunction with a petition for annexation in the City of Boynton Beach. The proposed Low Density Residential (LDR) land use designation has a maximum density of 4.84 units per acre. However, the density of the project will be 1.99 units per acre. The LDR designation is a lower density than the existing County designation of MR-5-Medium Residential, and LDR is compatible with the adjacent LDR designation, Furthermore, it provides an appropriate buffer for the adjacent single family and 1-95 to the west and the Light Industrial designation to the south. The rezoning is from Commercial General (CG), Residential Single Family (RS), and and Agricultural (AR) to R-l-AAB Single Family. The R-l-AAB is the same as the adjacent single-family district and is obviously more compatible than the existing County designations. Objective 1.10 of the Comprehensive Plan Land Use Element states that "the City shall...take action to eliminate nonconforming Commercial and Industrial uses which are located in residential zoning districts..." The County's CG district, which lies adjacent to the City's Single-Family District, would be eliminated, Furthermore it would extend the same R-l-ABB Zoning District so as to develop a project that would be, in fact, less dense than the existing adjacent single-family. Policy 1.13.3 of the Comprehensive Plan Land Use Element states that "the City shall continue to encourage infill development... This policy is a part of an overall goal to curtail urban sprawl. This project would constitute infill development, since it is surrounded by developed land, and is one of the last properties remaining vacant east ofI-95 in the South Palm Beach County area. 2, The proposed amendment would not result in any isolated or conflicting zoning, and as it is accompanying an annexation, does not constitute any granting of special rights. 3. The changing condition making this re-designation desirable is the annexation itself. The subject property abuts the City of Boynton Beach on two sides and would constitute a 'squaring off of the City's boundaries. This annexation is therefore not only a logical progression of the city's expansion; it would also increase the city's tax base. 4. The subject property is currently undeveloped and is not served by any public utilities, however public utilities exist nearby. The necessary off-sight improvements will be constructed, and/or monetary contributions made in association with this project in order to insure that public service demands can be met. The amount of trips created per day for 17 single family units would be approximately 170, which is far fewer trips than would have been generated by a commercial property, such as the County zoning designation would allow. 5. The proposed land use and rezoning is compatible with the current and future use of adjacent properties since residential use is extremely more compatible with the adjacent residential uses than the existing General commercial County zoning. Furthermore, the proposed land use and zoning would positively affect the property values of adjacent and nearby properties especially because of the elimination of the incompatible General Commercial currently assigned to the parcel. 6, The existing designations are within Palm Beach County jurisdiction, and accordingly must change to a designation within the land use categories established in the City of Boynton Beach Comprehensive Plan. 7. The proposed Land Use and Zoning change will provide a housing category, which is currently in high demand within the City and the immediate vicinity. The physical characteristics will be consistent with this housing type elsewhere in the City of Boynton Beach, and will remain compatible with the immediate surrounding uses. 8. Since the subject site is being annexed in the City, and will contain housing that is currently in high demand within the City, the proposed change represents the highest and best use for the subject property. The proposal would not be appropriate for considerations of other locations given the concurrent annexation, Bermuda Bay Impact Analysis 1. Under the current County Land Use the subject property is designated MR 5-Medium Residential and has a Zoning designation of AR, CG, and RS. The property would not be able to be developed with its current conflicting County Land Use & Zoning classifications. Therefore, the existing impact of the undeveloped parcel is zero. The proposed Zoning and Land Use designations of Low Density Residential & R-l-AAB, respectively would allow a maximum of 4.84 units to the acre. However, as shown in the enclosed site plan there are only 17 units being proposed for this project. That is a density of approximately 2 units to the acre. 2. The uses that would be allowed in the proposed zoning district is solely single family residential and that is what is proposed in this project. 3. The proposed project will not be phased and is expected to be completed within the next two years. 4. There will be no employees, as this is for residential use. 5. According to Vinod Sanbanansamy, Palm Beach County Transportation Planner II, no Traffic Study will be warranted due to the deminimus nature of the land use & zoning , changes (Policy 3.5d. of the Palm Beach County Compo Plan Land Use Element). 6. There are no existing water demands for the subject property, and the proposed 17 units are estimated to require 560 GPD per unit, which would result in a total demand of 9,520 GPD. 7. There is also no sewage demand for the subject property's existing undeveloped state. It is estimated that the proposed 17 units would produce 400-450 GPD per unit, which would total approximately 6,800 to 7,650 GPD of discharge. 8, The existing population is zero, and the projected population for the project based on the assumption of 17 units at 2.5 persons per household would be 43. Bermuda Bay Land Use Amendment Trip Generation Comparison (Response to Item 5) Approved Dailv Land Use ITE Total Desianation Code Intensitv Trin Generation Rate I Trips MR-5 210 43 Dus 10 per DU 430 Proposed Dailv Land Use Desi nation Low Density Res, ITE Code 210 Total Tri s 410 Net New Trips (20) Approved AM Peak Hour Land Use ITE Total Trips Desiunation Code Intensitv Trip Generation Rate 2 In I Out I Total MR-5 210 43 ,75 per DU (25/75) 8 I 24 I 32 Proposed AM Peak Hour Land Use ITE Total Trips Deshmation Code Intensitv Trin Generation Rate (2) Low Density In I Out I Total Res, 210 41 ,75 per DU (25/75) 8 I 23 I 31 Net New Trips (1) Approved PM Peak Hour Land Use Desi nation lTE Code Total Trips MR-5 210 43 1.01 per DU (64/36) In 28 Total 43 Proposed PM Peak Hour Land Use ITE Total Trips Desil:mation Code Intensitv Trip Generation Rate (2) Low Density In I Out I Total Res, 210 41 1.01 per DU (64/36) 26 I 15 I 41 Net New Trips (2) Source: Section 10.8, Fair Share Road Impact Fees, of the Palm Beach County Unified Land Development Code (ULDC). 2 Source: Institute of Transportation Engineers (ITE), Trio Generation 61h Edition.