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Home My WebLink AboutAgenda Council Agenda 0607010 *Revised* • City of Palm Beach wardens Council Agenda June 7, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Mayor Russo • Council Member Furtado Vice Mayor Jablin Council Member Sabatello • • • All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 7, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Academic Achievement Certificates. b. Athletic Achievement Proclamation — Palm Beach High School Cheerleading Squad. C. Athletic Achievement Proclamation — Palm Beach High School Girls Softball Team. d. Recognition for Lifesaving Actions — Mary Lou Gugliotta. e. Motivational Video Presentation. f Disaster Recovery Contract. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: a. Burns Road Tunnel Improvements — Operational Costs VII. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: • a. Minutes. Consideration of approving minutes of the May 3 2001 Regular City Council Meeting. b. Florida Firefighter Physical Games. Consideration of supporting the Fire Rescue Department in hosting the Florida Firefighter Fitness Games in the year 2004. C. Resolution 82, 2001 — Saint Mark's Plat. Consideration of approving the St. Mark's Church Plat. d. Resolution 84, 2001 — Mirasol Parcel 20 Concurrent Processing. Consideration of approving concurrent processing of applications submitted by Taylor Woodrow Communities at Mirasol, Ltd., for site plan review of Parcel 20 and for an amendment to the Mirasol Planned Community Development located on the northwest corner of PGA Boulevard and the Florida Turnpike. e. Resolution 95, 2001 — Acceptance of Donation of Land. Consideration of executing an agreement with Seacoast Utility Authority relating to the Lilac Street Water Plant Property; authorizing the acceptance of a Quit Claim Deed and the Grant of Utility and Access Easements. , • f. Resolution 88 2001 - South Florida Water Management District Sand Hill Crane Conservation Project. Consideration of approving an application from South Florida Water Management District for removal of exotic vegetation, reforestation and hydrologic restoration within the Sand Hill Crane Natural Area, located northeast of the Bee Line Highway approximately three miles north of PGA Boulevard; providing for a condition of approval. g. Master Plan for District Park. Consideration of rejecting all proposals received for Master Plan for District Park Project. h. Award of Bid - Gardens' Park Remediation Project. Consideration of awarding the contract to Ardaman Associates, Inc. for Year One Operation and Maintenance of the Remediation System for the Gardens Park Contamination Project. i. Resolution 89, 2001 - Frenchman's Reserve Parcel A Site Plan. Consideration of approving a site plan application for "Pod A" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 43 single - family homes, located approximately' /4 mile east of the intersection of Hood Road and Alternate isAIA; providing for conditions of approval; providing for waivers. • j. Resolution 90, 2001 - Frenchman's Reserve Entry and Signage. Consideration of approving a site plan application allowing for the construction of entry features and signage within the Frenchman's Reserve Planned Community Development (PCD) and adjacent County right -of- way, located directly east of the intersection of Hood Road and Alternate Al A; providing for conditions of approval; providing for waivers. k. Resolution 94, 2001 — Village Square Professional Park Plat. Consideration of approving the Village Square Professional Park Plat IX. PUBLIC HEARINGS: a. Ordinance 12, 2001 — Marriott Sign Waiver. (Second Reading) Consideration of approving an application from the PGA Marriott for an amendment to a Planned Unit Development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at 4000 RCA Boulevard; providing for a waiver. b. Resolution 81, 2001 - Regional Center NOPC Altering Master Plan. Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing • for amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, relocate Parcel 4 to the east of the Water Management Tract, redistribute the acreage of Parcel 7 equally between Parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend Condition #1 to establish and adopt a Land -Use Conversion Matrix (as depicted on map H); providing that the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. (Continued from May 17, 2001) X. RESOLUTIONS: a. Resolution 86, 2001 — BallenIsles Parcel 21 Site Plan. Consideration of approving a site plan for the construction of 23 single - family units on 7.48 acres within Parcel 21 in the BallenIsles Planned Community District; providing for conditions of approval; providing for waivers. • b. Resolution 97, 2001 — Consideration of appointing of five (5) regular • members and one (1) alternate member to the Parks and Recreation Advisory Board of the City of Palm Beach Gardens in order to fill expired terms. * ADDED ITEM* XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 11, 2001 - Road Impact Fees Amendment. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to road impact fees; amending Sections 49, 50, 51, 54, 55 and 57 of Division IV, "Citywide Impact Fees," of Article III, "Development Review Process," of the City's Land Development Regulations to delete references to "Collector Roads" and to clarify those provisions relating to alternative payments and credits for the payment of road impact fees; providing for codification; providing for severability; and providing for an effective date. b. Ordinance 17, 2001 - Telecommunications Right -of -Way Ordinance. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to communications facilities in public rights -of -way; amending Chapter 62 of the City Code of Ordinances to create a new Article VII entitled "Placement of Communications Facilities in Rights -of- Way;" providing for definitions; providing for registration for placing or • maintaining communications facilities in public rights -of -way; providing for notice of transfer, sale or assignment of assets in public rights- of -way; providing for placement or maintenance of a communications facility in public rights -of -way; providing for suspension of permits; providing for appeals; providing for existing communications facilities in public rights - of -way; providing for insurance; providing for indemnification; providing for construction bond; providing for security fund; providing for enforcement remedies; providing for abandonment of a communications facility; providing for force majeure; providing for reservation of rights and remedies; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: a. Cost of Inventory for Retention and Detention Ponds b. Request from Council Member Furtado for Herb Zebruth to address City Council regarding Retention and Detention Ponds. �J XIII. ITEMS FOR DISCUSSION: a. Fathom Restaurant (formally Hibiscus ) Outdoor Seating. Review of impacts of outdoor seating at Fathom's Restaurant (f/k/a Hibiscus Restaurant). (Continued from May 17, 2001) b. Kyoto Drive Railroad Crossing Update. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. • • • City of Palm Beach Gardens Council Agenda June 7, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado 9 Council Member Sabatello • CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 7, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Academic Achievement Certificates. b. Athletic Achievement Proclamation — Palm Beach High School Cheerleading Squad. C. Athletic Achievement Proclamation — Palm Beach High School Girls Softball Team. d. Recognition for Lifesaving Actions — Mary Lou Gugliotta. e. Motivational Video Presentation. f. Disaster Recovery Contract. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: a. Burns Road Tunnel Improvements — Operational Costs VII. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Minutes. Consideration of approving minutes of the May 3, 2001 Regular City Council Meeting. b. Florida Firefighter Physical Games. Consideration of supporting the Fire Rescue Department in hosting the Florida Firefighter Fitness Games in the year 2004. C. Resolution 82, 2001 — Saint Mark's Plat. Consideration of approving the St. Mark's Church Plat. d. Resolution 84, 2001 — Mirasol Parcel 20 Concurrent Processing. Consideration of approving concurrent processing of applications submitted by Taylor Woodrow Communities at Mirasol, Ltd., for site plan review of Parcel 20 and for an amendment to the Mirasol Planned Community Development located on the northwest corner of PGA Boulevard and the Florida Turnpike. e. Resolution 95, 2001 — Acceptance of Donation of Land. Consideration of executing an agreement with Seacoast Utility Authority relating to the Lilac Street Water Plant Property; authorizing the acceptance of a Quit Claim Deed and the Grant of Utility and Access Easements. f. Resolution 88, 2001 - South Florida Water Management District Sand Hill Crane Conservation Project. Consideration of approving an application from South Florida Water Management District for removal of exotic vegetation, reforestation and hydrologic restoration within the Sand Hill Crane Natural Area, located northeast of the Bee Line Highway approximately three miles north of PGA Boulevard; providing for a condition of approval. g. Master Plan for District Park. Consideration of rejecting all proposals received for Master Plan for District Park Project. h. Award of Bid - Gardens' Park Remediation Project. Consideration of awarding the contract to Ardaman Associates, Inc. for Year One Operation and Maintenance of the Remediation System for the Gardens Park Contamination Project. i. Resolution 89, 2001 - Frenchman's Reserve Parcel A Site Plan. Consideration of approving a site plan application for "Pod A" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 43 single - family homes, located approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA; providing for conditions of approval; providing for waivers. j. Resolution 90, 2001 - Frenchman's Reserve Entry and Signage. Consideration of approving a site plan application allowing for the construction of entry features and signage within the Frenchman's Reserve Planned Community Development (PCD) and adjacent County right -of- way, located directly east of the intersection of Hood Road and Alternate AIA; providing for conditions of approval; providing for waivers. k. Resolution 94, 2001 — Village Square Professional Park Plat. Consideration of approving the Village Square Professional Park Plat IX. PUBLIC HEARINGS: a. Ordinance 12, 2001 — Marriott Sign Waiver. (Second Reading) Consideration of approving an application from the PGA Marriott for an amendment to a Planned Unit Development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at 4000 RCA Boulevard; providing for a waiver. b. Resolution 81, 2001 - Regional Center NOPC Altering Master Plan. Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, relocate Parcel 4 to the east of the Water Management Tract, redistribute the acreage of Parcel 7 equally between Parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend Condition #1 to establish and adopt a Land -Use Conversion Matrix (as depicted on map H); providing that the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. (Continued from May 17, 200 1) X. RESOLUTIONS: a. Resolution 86, 2001 — BallenIsles Parcel 21 Site Plan. Consideration of approving a site plan for the construction of 23 single - family units on 7.48 acres within Parcel 21 in the BallenIsles Planned Community District; providing for conditions of approval; providing for waivers. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 11, 2001 - Road Impact Fees Amendment. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to road impact fees; amending Sections 49, 50, 51, 54, 55 and 57 of Division IV, "Citywide Impact Fees," of Article III, "Development Review Process," of the City's Land Development Regulations to delete references to "Collector Roads" and to clarify those provisions relating to alternative payments and credits for the payment of road impact fees; providing for codification; providing for severability; and providing for an effective date. b. Ordinance 17, 2001 - Telecommunications Right -of -Way Ordinance. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to communications facilities in public rights -of -way; amending Chapter 62 of the City Code of Ordinances to create a new Article VII entitled "Placement of Communications Facilities in Rights -of- Way;" providing for definitions; providing for registration for placing or maintaining communications facilities in public rights -of -way; providing for notice of transfer, sale or assignment of assets in public rights- of -way; providing for placement or maintenance of a communications facility in public rights -of -way; providing for suspension of permits; providing for appeals; providing for existing communications facilities in public rights - of -way; providing for insurance; providing for indemnification; providing for construction bond; providing for security fund; providing for enforcement remedies; providing for abandonment of a communications facility; providing for force majeure; providing for reservation of rights and remedies; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: a. Cost of Inventory for Retention and Detention Ponds b. Request from Council Member Furtado for Herb Zebruth to address City Council regarding Retention and Detention Ponds. XIII. ITEMS FOR DISCUSSION: a. Fathom Restaurant (formally Hibiscus) Outdoor Seating. Review of impacts of outdoor seating at Fathom's Restaurant (gWa Hibiscus Restaurant). (Continued from May 17, 2001) b. Kyoto Drive Railroad Crossing Update. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. IV. PRESENTATIONS: a. Academic Achievement Certificates. t i • • C, • I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I N: CITY OF PALM BEACH GARDENS PALM BEA CH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Palm Beach Gardens High School Varsity Cheerleading Squad has an intense practicing schedule from August through February each year; and WHEREAS, in February 2001, the 15 member squad competed as one of 60 teams, representing 45 states, in the Contest of Champions at Disney's Wide World of Sports Complex in Orlando; and WHEREAS, the squad performed a routine that featured cheers, gymnastics, jumps, stunts, basket tosses and dance; and WHEREAS, during this competition, the squads finished 20 points ahead of the second place team to record its second consecutive national title; and WHEREAS, the City of Palm Beach Gardens is proud to have such outstanding athletic achievement located in our community. . NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby congratulate and honor the THE PALM BEACH GARDENS HIGH SCHOOL CHEERLEADING SQUAD for achieving the National Title, in the Contest of Champions at Disney's Wide World of Sports Complex. Attest: Carol Gold, MMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 71h day of June, 2001. Mayor Joseph R. Russo I I I I I I I I I I I I 1 111111111 1 111111 I I I I I I I I I I 1 1111111111111111111111111 1111111111111111111111111111111111111111 • • • CITY OF PALM BEACH GARDENS PALM BEA CH CO UNTY, FLORIDA PROCLAMATION WHEREAS, the Palm Beach Gardens High School Gators Girls' Softball Team had its best season ever winning 28 games; and WHEREAS, these victories allowed the team to reach the Class 6A State Championship; and WHEREAS, the team kept its focus, playing a great game, fighting to win until the end; and WHEREAS, the City of Palm Beach Gardens is proud to have such outstanding athletic talent located in our community. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby congratulate and honor the THE PALM BEACH GARDENS' GA TORS SOFTBALL TEAM for its commendable ranking in the State Championship. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 7th day of June, 2001. Attest: Mayor Joseph R. Russo Carol Gold, MMC, City Clerk • • C� IV. PRESENTATIONS: d. Recognition for Lifesaving Actions — Mary Lou Gugliotta. 0 IV. PRESENTATIONS: e. Motivational Video Presentation. • 0 iFh ^, tai; t wep CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: May 24, 2001 FROM: Hoyt Owens, Public Works Director SUBJECT: DISASTER RECOVERY SERVICES RECOMMENDATION TO PIGGYBACK CONTRACT The City does not have nor can it quickly acquire sufficient manpower or heavy equipment to execute sustained recovery operations within the corporate limits of the City, as a result of a catastrophic event, such as a Category 3 or higher hurricane, major tornado activities or some other disaster. It is imperative that the City has these recovery capability services in place prior to an event. While evaluating the potential of executing disaster recovery services for the City a number of conversations occurred with Waste Management, Incorporated, (WMI) which currently provides solid waste and vegetative debris removal services on a routine basis via an existing contract. The current contract describes additional services can be negotiated to provide disaster recovery services, as deemed necessary and in the best interest of the City. WMI presented the City with an additional contract to execute, which would have established contractual disaster recovery services. Several of the contract provisions were less than desirable for the City and the City did not possess material control of the disaster recovery operation. Unit prices were undefined and subject to adjustment annually in conformance with the Consumer Price Index. Administrative assistance to the City to ensure compliance with federal and state documentation requirements was not clearly defined. WMI sought to provide the City with an additional contractor, Ashbritt, Incorporated, which has a business association with WMI. Ashbritt, Incorporated provided two governmental contracts for evaluation, since the City had expressed a desire to piggyback an existing contract to preclude an extended advertising, evaluation and award scenario. One of the contracts defined specific unit prices and one provided a negotiation process just prior to executing a NOTICE TO PROCEED to commence the disaster recovery operation. If the prices provided were unacceptable, the contracting entity had the option to establish contractual rights with other parties. Unfortunately, just after the disaster is not.a time to negotiate for services. • Ron Ferris Memo — 5/24/01 Page 2 Grubb's Construction Company - Emergency Management Division, which is located in Brooksville, Florida, has a significant number of contracts with governmental agencies in Florida to provide disaster recovery services. This company has provided similar services to many agencies throughout the United States during the last several years, which includes major flooding events, hurricanes and large -scale tornado events in the mid -west states. With the intent to secure disaster recovery services for the City it is my recommendation to piggyback an existing contract. City Attorney has previously reviewed a contract between Grubb's Construction Company and Pasco County. Additional contracts may need to be reviewed to ascertain the best document for the City to use. I am forwarding copy of a contract between Grubb's Construction Company and Lake County, Florida for his review. I have requested a copy of the contract between Grubb's Construction Company and West Palm Beach to review. Presumably one of these three documents will be the best contract to meet our needs. A Grubb's Construction Company — Emergency Services Division representative is scheduled to make a presentation to Council on June 7, 2001. City Council is requested to approve the concept of a piggyback contract approach with Grubb's Construction Company and to allow you to execute appropriate documents after staff, City Attorney and you have agreed on the best contract for our use. If you have any questions, please call. attachments: c: Leonard Rubin w /attachments Carol Gold w/o attachments a:ferris 052401 disaster recovery disk2 • r� L LA I Y car- FALm BEACH GARDENS COTY COUNCIL Agenda Cover Memorandum SubjectiAgenda Item: bukNS k0Au PkOjEC i v i ( B ) Date: MAY 29 2001 Recommendation /Motion: CONSIDER NEW ALTERNATIVE Meeting Date: JUNE 07 2001 Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney (Total) [ ]Approved $ _ [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM JEM40- Advertised: Funding Source: [ J Continued to: Attachments: Other [ ] Operating ( ] Other Submitted by: ( ] Not Required ACM JEDIII�� j,/'S Department Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved-by City an er ( ] Not required BACKGROUND TO FROM: CITY OF PALM BEACH GARDENS MEMORANDUM Ron Ferris, City Manager DATE: May 29, 2001 Jack Doughney, Assistant to City Managek *t!�— SUBJECT: Burns Road Project BACKGROUND: Staff was directed at the request of the Mayor, at the May 17, 2001, Council Meeting to revisit the Burns Road Project. Special attention was given to the ongoing operational cost of installing the tunnel alternative. DISCUSSION: In preparation of finalizing the Bums Road Construction Project staff met to review the operational impacts. Representatives from Growth Management, City Engineer, Police, Risk Management, Public Works and the City Manager's office were present. The review of the project was to confirm the following: • Pedestrians moving from north to south would do so in a safe manner • To give traffic in the area of the Municipal Complex and Community Center the optimum of cross access • Review budget for installation. • Identify the operational cost of the alternative The staff evaluation also brought out some of the exiting traffic problems that are being experienced prior to the road widening. They range from the north and south public parcels access problems. Our neighboring school has similar access problems. The vehicular problems have lead to many of our pedestrian concerns. RECOMMENDATION: Staff recommends that you consider a fourth alternative which will address all concerns for safety, 'operating costs and the vehicular movement in the area. This alternative would also be more cost efficient in regard to the initial cost and operating expenditures. It will also improve traffic circulation and promote pedestrian safety along the entire Municipal corridor. s This alternative is to create a fully signalized intersection at the existing eastern exit /entrance of the park with new alignment for the community center directly to the south and allow for a cross access agreement to the east for the school parcel. A fully signalized pedestrian crosswalk would be installed, accessible from each of the park parcels. This can only be achieved by not elevating the road and must be at least 1000 feet from the Military Road intersection. Alternative Four will be presented for your consideration at the June 7h Council Meeting. • • CITY COUNCIL REGULAR MEETING, 5/3/01 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 3, 2001 The May 3, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. REORDER AGENDA Vice Mayor Jablin, seconded by Councilman Clark made a motion to consider the Stormwater Utility fee item next on the agenda. All voted in favor. PRESENTATIONS Stormwater Utility Fee - Mayor Russo explained the residents had not wanted the Stormwater Utility as proposed, and requested an assessment be made to find out what actually had to be done, the cost, and where the level of service would be increased. Mayor Russo explained that the results of the assessment would be presented to the residents by the City Council. Vice Mayor Jablin reported he had attended all the meetings and there had been a misconception that new development was causing flooding, when in fact these developments paid for their own stormwater systems and these helped fix flooding problems in other areas of the City. Another misconception reported by the Vice Mayor was that residents had thought the City had already made the decision regarding the user fee and was trying to sneak it by the residents, although public meetings were held to inform the residents. Vice Mayor Jablin explained that the proposed program would have improved the condition of canals in parts of the City where they were not currently maintained properly, and that although a lot of work had been done, more was necessary, and more resources would have to be committed as ad valorem taxes. The Vice Mayor asked that the City work together and not be divided over this issue. Councilmember Furtado requested a report on the work accomplished and amounts spent to date on the 5 -year drainage plan approved in 1995. Councilmember Furtado indicated recent flooding on Holly Drive had been because the bridge had not been widened; that retention ponds must be re- dredged, and that the C -17 canal had no flow meter to determine the amount of water coming in from West Palm Beach, Riviera Beach, and Lake Park. Councilmember Furtado requested information regarding whether the County had completed their canal restorations within the City boundaries. Mayor Russo requested the City Engineer be asked those questions. The City Manager reported on research that had been done to respond to Councilmember Furtado's questions. City Engineer Clark reported he had found a second 5 -year plan where dates had been changed, and reported there had been ongoing activities, but numerous issues had delayed the work. The City Engineer explained the canals were being deepened but not widened, and that the canal between Holly Drive and Lighthouse Drive had not yet been cleaned and caused the flooding described by Councilmember Furtado. City Engineer Clark commented there were very few retention areas that were the responsibility of the City, but that Lake Catherine was one; and there were current maintenance plans for retention ponds. Councilmember Furtado requested required maintenance be done for all of the 0 CITY COUNCIL REGULAR MEETING, 5/3/01 2 ponds, not just those under the city's jurisdiction. City Engineer Clark indicated velocity of water was gauged close to West Palm Beach; however, it had been recognized that another gauging station was needed. The City Engineer indicated South Florida Water Management would be contacted to see if they were planning to widen the S -44 structure to 3 gates, and to ask them to review this possibility. The City Manager recommended getting a professional engineering firm to look at the drainage system to determine what was needed and the cost to fund improvements. Councilman Sabatello indicated the scope of work was important, and the consultant would need to set priorities and then determine the money needed. Councilman Sabatello commented that the plan presented by the consultant needed to be accepted, and that an answer was needed quickly. Councilman Clark commented emotions had run high on this issue, thanked staff for their efforts, reported the meetings had indicated the people wanted the system fixed but not financed as proposed, and requested that a financing plan with protected funding be established. Councilmember Furtado questioned what had happened to the $50,000 allocated for a drainage assessment in the 1998 -1999 budget. Discussion ensued. Mayor Russo expressed his opinion that staff should have been contacted regarding questions prior to this meeting. Carol Estrada, Riverside Drive, indicated the public meetings had been informative, but that many residents did not receive notice of the meetings; and reported tests she had done to determine where the water flowed. Ms. Estrada requested more public meetings be held and that they be better publicized. Lois Alcock, 4262 Althea Way, requested funding for canals not be diverted, that the major problem was water flow to eliminate flooding and not landscaping, and requested in writing the time it takes the S -44 control lock and the BallenIsles control lock to open. The City Engineer responded to Ms. Estrada's question regarding water flow from a development north of Westwood Gardens that the flow would be to the north. Mayor Russo explained that recently the City had stopped new development work north of PGA Boulevard in Units 2 and 19 until a new master drainage plan could be implemented. Pat Hughey, 9120 Reed Drive, requested notification farther in advance of the meetings and meetings at more convenient times. Ms. Hughey requested the vision plan be reviewed. James Bosso, 405 Lighthouse Drive, asked how engineering fees for projects were currently handled. Mayor Russo responded. Mr. Bosso asked if a number of engineering firms could be contacted regarding obtaining ideas for stormwater drainage solutions, to which Mayor Russo responded the City Manager had been authorized to obtain a study. Mr. Bosso asked if South Florida Water Management would do some studies if requested, to which Mr. Russo responded he would like the City to be more independent on this issue. The City Engineer reported that the City had requested help from South Florida Water Management on several occasions to which they had responded they would do so after a check was received. Mayor Russo stated that the City Manager had been authorized to proceed with the assessment study. Comprehensive Annual Financial Report - Terry Moore with Nolen, Holt and Miner reported the City had a fairly clean set of financial statements with no significant changes from the prior year, that excellence in financial reporting had been achieved in prior years and the same was expected for this year. The audit opinion had no comments and the basic financial statements indicated funds were spent as authorized by the budget. The supplemental information provided more details, and that there were no reportable compliance conditions and internal controls. The management letter included four minor comments with which staff had agreed and was in the process of implementing. 0 CITY COUNCIL REGULAR MEETING, 5/3/01 3 ITEMS AND REPORTS BY MAYOR AND COUNCIL Councilmember Furtado thanked the Police Department and Vice Mayor Jablin for providing information regarding the Palm Beach Gardens High School cafeteria. Councilmember Furtado reported 1220 students had the same lunch hour and the cafeteria could only serve 600. She requested action on this serious situation, and asked if that situation existed in other schools. Councilmember Sabatello suggested the City Manager talk with the Principal of the school to get more information before contacting the School Board. The City Manager commented the Fire Department would do a head count the next day at lunch. Councilmember Sabatello commented he would not be able to attend the next Seacoast Utility Board meeting. Councilman Clark made a motion to appoint City Manager Ron Ferris as the temporary replacement for Carl Sabatello on the Board of Seacoast Utility Authority for the evening of May 23, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo reported that at the Mayor's meeting from the Chamber of Commerce, interest had been expressed in providing funds for devising a North County Development Plan CITY MANAGER REPORT Public Information Report - City Manager Ferris indicated that the Public Information Report had been provided in the packets. COMMENTS FROM THE PUBLIC: Pat Hughey, 9120 Reed Drive, expressed concern with the cost of color printing, suggested providing a pay phone close to City Hall, and requested more utilization of power point presentations, using as an example the financial report provided by the auditing firm. Mayor Russo requested the auditor also provide brochures for the public. Ms. Hughey proposed a letter to FDOT regarding a request for traffic signal at North Military Trail and Arbor Way, and requested City Council work on this issue. Ms. Hughey noted a lack of play area in Palm Beach Square, and that the area had been heavily impacted by NorthMil Shopping Center. CONSENT AGENDA: Councilmember Clark moved approval of the Consent Agenda. Councilmember Furtado seconded the motion, which was approved by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the April 5, 2001 City Council Regular City Meeting. 2. Rejection of Bids for Fire Station No. 3. Consideration of rejecting all bids received for the proposed Fire Station No. 3 construction project. 3. Resolution 63, 2001 - Florida Fish & Wildlife Field Operations Center - Concurrent Review. Consideration of approving concurrent processing of applications submitted by Florida Fish and Wildlife for a rezoning to Planned Unit Development and a Site Plan Review Application for property located 700 feet North of the Beeline Highway within the Sandhill Crane Ecosystem adjacent to the Loxahatchee Slough. 4. Resolution 65, 2001 - Grant Agreement for Burns Road improvements. Consideration of authorizing the Mayor and City Clerk to execute a County Incentive Grant Program Agreement with the Florida Department of Transportation and Palm Beach County. 5. Resolution 69, 2001 - FEMA Grant. Consideration of authorizing the Mayor to execute an application for assistance to Firefighters' Grant Program Funds for Firefighter training, and to enter into an agreement for the Federal Emergency Management Agency Fund monies. 0 CITY COUNCIL REGULAR MEETING, 5/3/01 4 6. Resolution 70, 2001 - FEMA Grant. Consideration of authorizing the Mayor to execute an application for assistance to Firefighters' Grant Program Funds for Firefighter wellness and fitness, and to enter into an agreement for the Federal Emergency Management Agency Fund monies. 7. Police Department Road Patrol Vehicles. Consideration of purchasing three road patrol vehicles for the amount of $62,440.00. 8. Resolution 71, 2001 - Roadway Lighting Maintenance Agreement with FDOT. Consideration of authorizing execution of a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation. 9. Resolution 73, 2001 - Parcel 28.01(A.K.A. Legacy Place) Plat. Consideration of approving the Parcel 28.01(a.k.a. Legacy Place) Plat. 10. Resolution 74, 2001 - Northlake /Congress Commercial Center - Plat. Consideration of approving the Northlake /Congress Commercial Center Plat. PUBLIC HEARINGS: Ordinance 7, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 7, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, assessing a fee on telecommunications companies that occupy municipal rights -of -way for telecommunications facilities; providing for payment and interest; providing for review of records; providing for severability; providing for conflicts; and providing for an effective date. City Attorney Len Rubin explained this ordinance would capture fees to which the City was entitled between January 1 and October 1, 2001. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. It was clarified this was the second reading of this Ordinance. Councilman Clark made a motion to place on second reading by title only and to approve Ordinance 7, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 7, 2001 on second reading by title only. Ordinance 33, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 33, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendments to the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff; providing for adoption; providing for transmittal; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date. Following a staff presentation, Attorney Larry Smith requested one change to the ordinance, in policy 2.1.6.1, to delete the words "and or the right -of -way itself' in reference to expanding laneage because the City always had the right to expand by condemning property and paying for it, and he would not like this provision to be interpreted that the City had the right to expand an already dedicated right -of -way without paying for it. City Engineer Clark indicated the City recognized that they would have to make payment, and that it was hoped this language might eliminate having to first condemn the property. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to place Ordinance 33, 2000 on second reading by title only and to approve Ordinance 33, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 33, 2000 on second reading by title only. Ordinance 10, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 10, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, rezoning approximately 74.2 acres of land generally located southeast of the intersection of PGA Boulevard and Alternate AlA, CITY COUNCIL REGULAR MEETING, 5/3/01 5 as described herein; amending the City of Palm Beach Gardens official zoning map; approving a master plan of development for the Legacy Place Planned Community District; providing for conditions; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. Growth Management Director Charles Wu reviewed issues that had been resolved, and noted that a FPL utility easement encroached in the City's right -of -way. Henry Iler, Consultant for the City, reviewed the staff report, and noted changes since the last presentation. Mr. Iler indicated that staff and the applicant had agreed to the following language to be added at the end of condition 5: "If the County amends the public facilities agreement applicable to this project, the City may administratively modify the above road improvement requirements consistent with that amendment." City Engineer Dan Clark described the design of Legacy Drive. Councilman Sabatello recommended that a left turn lane be included in the conditions of approval. Discussion ensued regarding Commissioner Marcus' request to extend the buffer wall along Legacy Drive around the corner onto Fairchild Gardens Drive. Henry Skokowski, agent for the applicant, recognized that the right -of -way would need to be unencumbered, described roadway alignment and right -of -way width, and explained that lighting and signing would come back through staff, the Planning and Zoning Commission, and City Council. Attorney Larry Smith, representative for the applicant, thanked staff for their cooperation and requested and received verification from City Engineer Dan Clark that conditions 13, 14 and 24 relating to DOT approvals had been satisfied. The homeowner living at the end of Monet Terrace expressed concern with increased traffic and requested a wall. A representative for Commissioner Marcus indicated the County would pay half of the cost of removing the encroaching power pole belonged to Bell South, with Bell South, FPL, and Adelphia Cable wires on it. Fran Vogel commented she lived in the second house in from the south on Monet Terrace and requested a wall extended around the corner. Brian Rooney requested the wall extend a full 300' around the corner. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilman Sabatello requested the wall extend around the corner to the corner of the first home. The representative for Commissioner Marcus indicated the process of installing landscaping for additional screening had already started. Mr. Rooney commented the wall extending around the corner could be 6' because of a different elevation. Mr. Skokowski indicated the applicant agreed to install a left turn lane from Legacy Drive into the residential section of the project and also agreed to provide the wraparound portion of the wall, working with the homeowner regarding the wall height. Mr. Wu indicated staff would work with the applicant for a workable solution if the power pole could not be removed. Attorney Larry Smith recommended language "unless otherwise approved by the City" be added at the end of condition 12. Mr. Der advised that Condition 29 covered Councilmember Sabatello's concerns regarding the landscaping on the east side of Fairchild Gardens Drive. Mr. Skokowski expressed hope that the County would work with the applicant to provide landscaping in the area of the wall extension around the corner. Councilman Clark made a motion that Ordinance 10 be placed on second reading by title only and approved with the amendments that had been read into the record to condition 5, and condition 12, and with the proviso that the 8' privacy wall along Legacy Drive be extended to wrap around the most northwesterly house in the Monet Terrace subdivision to a point corresponding to the front wall of that house at a height to be mutually agreed upon by the City, the developer, and the resident. Vice Mayor Jablin seconded the motion. Councilman Clark amended the motion to include an amendment to Exhibit "C" with the left turn lane penciled in at the residential entrance; and to allow flexibility on Exhibit `B" where it did not show the power lines so that adjustments could be made 0 CITY COUNCIL REGULAR MEETING, 5/3/01 6 based on the cross section to allow the power lines if unsuccessful in replacing them by any other means. Vice Mayor Jablin seconded the amended motion. Motion carried by unanimous 5 -0 vote. The City Clerk read Ordinance 10, 2001 on second reading by title only. RESOLUTIONS: Resolution 58, 2001 - Legacy Place Commercial Site Plan. Consideration of approving the construction of commercial Parcels "A ", `B" and "C" within the Legacy Place Planned Community District, which is generally located southeast of the intersection of PGA Boulevard and Alternate AIA, as more particularly described in Exhibit "A" attached hereto; providing for conditions; providing for waivers. Henry Iler, Consultant for the City, reviewed the staff report. Councilman Clark made a motion to approve Resolution 58, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 59, 2001 - Legacy Place Residential Site Plan. Consideration of site plan approval of residential Parcel "D" within the Legacy Place Planned Community District, which is located at the northeast corner of Alternate Al and RCA Boulevard, as described herein; providing for conditions of approval; providing for waivers. Henry Iler, Consultant for the City, reviewed the staff report. Mr. Eer requested the following addition at the end of condition 6: "unless otherwise administratively approved by the City." Henry Skokowski, agent for the applicant, expressed appreciation for the help provided by staff. Councilman Clark made a motion to approve Resolution 59, 2001 with the following addition to Condition 6 in Section 2, following the words "Parcel D" at the end of Condition 6 to add the words "unless otherwise administratively approved by the City." Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Staff was congratulated on a great job. ITEMS FOR COUNCIL ACTION: Mayor Russo requested staff time be used to solve problems, respond to City Council direction rather than to requests from a single member of the City Council, and that the 3 -2 -3 rule be reinstated. Mayor Russo requested that members not bring up questions at a meeting, but present those questions when a solution could also be presented. Councilmember Furtado indicated she had not contacted any staff members regarding the stormwater questions, but had spoken to the City Manager, and also pointed out that the stormwater meetings had been held in between this meeting and the last City Council meeting, and since the matter was to be discussed tonight, she had felt it was the proper time to state her questions. Vice Mayor Jablin objected to the implication that the City Council had done something wrong in the past, since he believed nothing wrong had been done. ITEMS FOR DISCUSSION: Project Graduation - Finance Director Kent Olson reported this item had been cut from the budget and suggested if the City Council wished to make a donation to Project Graduation that it could be taken out of City Council Contingency this year. Councilmember Clark made a motion to contribute $500 to each of the two Project Graduations to be taken from the City Council Contingency fund. Vice Mayor Jablin seconded the motion. During discussion of the motion, Councilmember Sabatello indicated that such items should not be cut from the budget in the future. Motion carried by unanimous 5 -0 vote. CITY ATTORNEY REPORT Settlement of Tanglewood Code Enforcement Liens - City Attorney Len Rubin reported there was $17,000+ in liens that Tanglewood had appealed and was currently pending. A code provision in the City's LDR's prohibited any further development on property where liens were pending. The ,0 CITY COUNCIL REGULAR MEETING, 5/3/01 7 proposed settlement would take place in three parts: Tanglewood would pay $7500 towards their fines; they would dismiss their appeal of those fines; and the City would execute a release of lien which would provide funds for the City and allow Tanglewood to 1 move forward with their development. City Manager Ferris reported Mr. Malefatto had indicated in a phone call that the development was now planned to be phased, and that a proposed meeting with the City Attorney, the City Manager, and Mr. Malefatto had not taken place. Councilman Sabatello expressed his opinion that the City should not back down on this Code Enforcement issue, and commented that the Tanglewood development was getting worse every day. City Attorney Rubin agreed, stated this agreement did not cover future violations, and that the City was not backing down, but until this was done they could not move forward. Attorney Timothy Schultz indicated he only had knowledge of the Code Enforcement case, but he would report to Mr. Malefatto and the client that the City Council was very concerned about what was going on. Councilman Clark made a motion to approve the staff recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at 10:17 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • 1'- f._ Meeting Date: June 7, 2001 Date Prepared: May 24, 2001 Subject/Agenda Item Support the hosting of the Florida Firefighter Physical Fitness Games by the City of Palm Beach Gardens Fire Rescue Department. Recommendation/Motion: Staff recommends that the City Council approve Resolution #93, 2001 supporting the Fire Rescue, Department in hosting the Florida Firefighter Physical Fitness Games in the year 2004. Reviewed by: Originating Dept.: Costs: Council Action: Total City Attorney Fire Rescue [ ] Approved Finance $ 0 [ ] Approved w/ Current FY conditions ACM [ ]Denied Advertised: Human Res: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ ] Other Florida Firefighters Physical Fitness Association Inc. Bylaws Sample Registration Letter Sample Letter of hotel accommodations Sample Rules for Mandatory Sports Sample of Venue Addresses [ X J Not Required Resolution # 93, 2001 Submitted by: Peter T. Berge �W Department Head Affected parties Notifi ed Budget Acct. #:: Appro by: City na [ X ] Not required BACKGROUND: See Staff Report. D CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Council APPROVED: Ronald M. Ferris, City Manage FROM: Peter T. Bergel, Fire Chie Date: May 24, 2001 SUBJECT: Support for the Fire Department to host the Florida Firefighters Fitness Games Background Fire Rescue would like to host .the Florida Firefighter Fitness Games in the year 2004. An application must be submitted to the Florida Firefighters Physical Fitness Association Inc. in Tampa, Florida next month. The Florida Firefighter Physical Fitness Association conducts annual competitive events to promote continuing physical fitness, education, and exchange of ideas among professional firefighters in the State of Florida. The Florida Firefighters Physical Fitness Association Events is limited to paid full -time professional firefighters only. All firefighters must be Florida State Certified. The Associations annual competitive events must run six (6) weeks and be held in the month of May. A Host Department, with the guidance of the State Committee will administer the annual events. The Association's Annual Meeting shall be held on the last Saturday after the final day of the Events in June. Applications to host the Annual Events must be presented during the Annual Meeting. The application for host sites will be done three years in advance. Discussion • The Annual Florida Firefighter Fitness Games will be held at City of Palm Beach Gardens' facilities as well as local high schools and other facilities supporting the Events. (See sample of venues.) • Local hotels will be contacted and recommended to participants. • No City of Palm Beach Gardens funds will be utilized. • The Sports Commission will be contacted and involved. • The Firefighter's Union is supporting and coordinating the events. • All personnel working in any capacity for the "games" will do so on a volunteer basis. • Research was done through the Florida Firefighter Physical Fitness Association on the average revenue attained by the Hosting Municipality. Two thousand Five hundred seventy six firefighters participated in the 2001 Games in Tampa. If two firefighters share one room the number of rooms will be 1288. Typically each event takes two to three days. So if we estimate firefighters doubling up in hotel accommodations for 2 nights the revenue for local hotels equals an estimated $219,000. Utilizing the total number from the 2001 Games (2576) and three meals a day for three days, the estimated revenue to local restaurants would be $348,000. The total room and board estimate is $567,000.00. The fuel for vehicles is difficult to measure for 2004. The local stores will receive revenue also. Recommendation Staff recommends approval of Resolution # 93 supporting the Fire Department to be hosts of the Florida Firefighter Fitness Games in the year 2004. PTB:vhw • • CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION NO. 93, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE CCITY COUNCIL TO SUPPORT THE FIRE RESCUE DEPARTMENT IN HOSTING THE FLORIDA FIREFIGHTER FITNESS GAMES IN THE YEAR 2004; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Fire Department is involved in the delivery of comprehensive Fire Suppression, Fire Prevention, Pre - Hospital Ernergency Medical Services, and other emergency functions within the City of Palm Beach Gardens; and WHEREAS, hosting the Florida Firefighter Fitness Games will provide venues for State of Florida Firefighters to compete in approved sporting events; and WHEREAS, the City of Palm Beach Gardens has state of the art sport facilities for the sporting events; and WHEREAS, the City of Palm Beach Gardens, through its Fire Department, also will be recognized for it's wide range of sporting facilities; and WHEREAS, the City Council supports the Fire Department in hosting the Florida Firefighter Fitness Games in the year 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Fire Department to apply to host the Florida Firefighter Fitness games in the City of Palm Beach Gardens in 2004. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: if any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not effect the validity of the remaining portions or applications of this Resolution. • • SECTION 5: This resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF ATTEST: CAROL GOLD CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO 2 , 2001. JOSEPH R. RUSSO, MAYOR NAY ABSENT 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • • Date: May 25, 2001 Meeting Date: June 7, 2001 Subject/Agenda Item: Resolution 82, 2001 -St. Mark's Church -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorne Growth Management ( ] Approved Finance ` a �'�'J Current FY conditions [ ] Denied ACM Funding Source: [ ]Continued to: Advertised: Attachments: Other [ ] Operating [X J Not Required [ ] Other u mute _yam A an C. Donahue, P.E. Assistant City Engineer Affected parties ] Notified Budget Acct. #: [ ] None AEMan : C [X] Not required BACKGROUND: See attached memorandum CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPEILS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 050 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.E. `Cl) DATE: May 25, 2001 FILE NO. 99 -4099 SUBJECT: St. Mark's Church -Plat We have completed our review of the plat for the referenced project prepared by Wallace Surveying Corporation. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat, therefore we recommend its approval. SCD/ PA\PROJECTS\PBGM EMO\4099 \4099u • RESOLUTION NO. 82, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE ST. MARK'S CHURCH PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the St. Mark's Church Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the St. Mark's Church Plat consisting of two (2) sheets dated May 2001, prepared by Wallace Surveying Corporation, attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. 0 INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY • JOSEPH R. RUSSO MAYOR Resolution 82, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello • • AYE NAY ABSENT • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 7, 2001 Date Prepared: May 8, 2001 SUBJECT /CONSENT AGENDA ITEM Resolution 84, 2001- Request by Anne Booth of Urban Design Studio, representing Taylor Woodrow Communities at Mirasol, Ltd., for approval of Concurrent Processing of applications for site plan review of the amended site plan for Mirasol Parcel 20 (f /k/a/ E, F & G), and for an amendment to the Mirasol Planned Community Development (PCD) Development Order. RECOMMENDATION Staff recommends approval of Resolution 84, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance N/A $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. N/A Advertised: Funding Source: [ ] Continued to: Other N/A Date: [ ] Operating Attachments: Paper: Other • Resolution 84, 2001 [ ] LL Aer�ia�l �iiap p Su tted by: GdiL�'� � f�(J� [X] Not Required Growth Management Affected parties Budget Acct. #:: Director [ ]Notified [ )None Appr by: Ci M nag [X] Not required REQUEST Request by Anne Booth of Urban Design Studio, representing Taylor Woodrow Communities at Mirasol, Ltd., for approval of Concurrent Processing of applications for site plan review of the amended site plan for Mirasol Parcel 20 (f /k/a/ E, F & G), and for an amendment to the Mirasol Planned Community Development (PCD) Development Order. The PCD is located on the northwest corner of PGA Boulevard and the Florida C7 City Council Meeting Date: June 7, 2001 Date Prepared: May 8, 2001 Petition MISC -01 -12 Turnpike. Parcel 20 is centrally located within the project on Mirasol Way. (33-41S- 42E) CODE PROVISION Section 21(b) of the City's Land Development Regulations states that the City Council may accept concurrent processing of the above - mentioned applications only if the applicant can show compliance with the following criteria: (1) The application for approval of the amendment has not received an objection from a neighboring jurisdiction that has been raised through the development review committee process. (2) The application for approval of the amendment complies with adopted level of service standards and complies with the City's concurrency requirements. (3) The concurrent processing will benefit the City and will not cause an undue burden or adverse impact to the City. Section 21(c) of the City's Land Development Regulations further states that, "[I]f at any time during the concurrent processing an applicant fails to satisfy any of the criteria of this section, such as the filing of an objection with the City, then concurrent processing shall immediately cease. The applicant is responsible at all times to comply with the requirements and criteria for concurrent processing and bears all risks for failure of an application to proceed in a timely fashion." PROJECT DETAILS The request for the amendment to the Mirasol PCD Development Order is to allow modifications to the PCD that include changing the public golf course to a private course, re- routing the eastern golf course, removing nine holes of golf, and the resulting residential pod re- configurations. There will be no change in the number of residential units, commercial square footage, location of major parkways, or location of PCD buffers. The request for approval of the amended site plan for Parcel 20 (f /k/a Parcels E, F & G) includes the previously approved Parcel F, together with a re- configured area of land to the west. The amended site plan will supercede and replace the previously approved site plan. The portion of the site plan which was previously Parcel F remains as it was originally approved and platted. 2 City Council Meeting Date: June 7, 2001 Date Prepared: May 8, 2001 Petition MISC -01 -12 STAFF RECOMMENDATION Staff has reviewed this request for concurrent processing and has determined that it meets all the requirements set forth in Section 21. Staff is recommending approval of this concurrent processing petition. grackieh: MISC0112.cc mirasol 20 • 0 3 • May 8, 2001 RESOLUTION 84, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF CONCURRENT PROCESSING OF APPLICATIONS SUBMITTED BY TAYLOR WOODROW COMMUNITIES AT MIRASOL, LTD., FOR SITE PLAN REVIEW OF PARCEL 20 AND FOR AN AMENDMENT TO THE MIRASOL PLANNED COMMUNITY DEVELOPMENT LOCATED ON THE NORTHWEST CORNER OF PGA BOULEVARD AND THE FLORIDA TURNPIKE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department is now processing an application for an amendment to the Mirasol Planned Community Development submitted by Taylor Woodrow Communities at Mirasol, Ltd.; and WHEREAS, the Growth Management Department has received an additional application from Taylor Woodrow Communities at Mirasol, Ltd., requesting approval to process concurrently an application for site plan review of Parcel 20; and WHEREAS, Section 21(a), Concurrent Processing, of the City's Land Development Regulations, prohibits the Growth Management Department from accepting or processing concurrent applications for a site plan review and an amendment to a planned community overlay district; WHEREAS, Section 21(b) provides that City Council may waive the requirements or prohibitions of said section if an applicant can determine compliance with the criteria of Section 21(b); and WHEREAS, the City Council has determined that the concurrent review of a Planned Community Development amendment application and a site plan review application will result in a more comprehensively planned project in this instance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby consents to the concurrent review and concurrent processing of applications submitted by Taylor Wood Communities at Mirasol, Ltd., for an amendment to a Planned Community Development and a site plan review within the same development. Section 2. This Resolution shall be effective upon adoption. • • • Resolution 84, 2001 Meeting Date: June 7, 2001 Date Prepared: May 8, 2001 Petition MISC -01 -12 INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE, 2001. ATTEST: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON SABATELLO COUNCILPERSON FURTADO COUNCILPERSON CLARK jgh G: jackie /misc0112 reso JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT All • /f ��" �'� ' A ,�•� � �� 111 �� \\ t; � \. - . �.,I �' �.i' . fit:, 1110111 00 \ i;l\�\ rj ! 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'. 7,2, Q2_1 .......... �j �aa 330 • 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum SubjectiAgenda item: LiLAu 6 f kEt: i PAkC;EL - xiii ( is j Date: MAY 29 2001 Recommendation /Motion: ACCEPTANCE OF DONATION OF LAND Meeting Date: JUNE 07 2001 Reviewed by: Originating Dept.: Costs: $ Council Action: Q ((// City Attorney F,\ �%O (Total) [ ] Approved $ [ ] Approved w/ Finance Current FY conditions AC*I!nl Funding Source: [ ] Denied [ ] Continued to: Advertised: Attachments: Other [ ] Operating [ ] Not Required [ ] Other Submitted by: Department Director Affected parties [ ] Notified Budget Acct. #: [ j None Approved by: City Manager [ j Not required BACKGROUND • • CITY OF PALM BEACH GARDENS °�— MEMORANDUM Yn; TO: Ron Ferris, City Manager DATE: May 29, 2001 FROM: Jack Doughney, Assistant to City Manage SUBJECT: Acceptance of Land Donation BACKGROUND: The Seacoast Utilities Authority has approached the City in reference to the donation of a parcel of land adjacent from our Plant Park site. The City Attorney has prepared the documents necessary for the transfer of title of the land for your review and execution. DISSCUSSION: The land is intended to be used as a park parcel and the Palm Beach County School Board is -very interested in a joint partnership with the City to supply much needed athletic venues to the site to facilitate school sports activities. A meeting was recently held by the Manager to present this concept to them since the meeting, the School Board has followed, up on this offer by conducting a Phase II environmental audit of the parcel and has spent time visiting the site and is very interested in the partnership. RECOMMENDATION: The City accepts the donation of land and will execute the agreement. 0 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 95, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SEACOAST UTILITY AUTHORITY RELATING TO THE LILAC STREET WATER PLANT PROPERTY; AUTHORIZING THE ACCEPTANCE OF A QUIT -CLAIM DEED AND THE GRANT OF UTILITY AND ACCESS EASEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Seacoast Utility Authority ( "Seacoast ") has authorized the conveyance of the Lilac Street Water Plant property to the City in exchange for the grant of certain utility and access easements; and WHEREAS, the parties have negotiated an agreement outlining the responsibilities of both Seacoast and the City; and WHEREAS, the City Council has determined execution of the Agreement and acceptance of the Lilac Street Water Plant property to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute an Agreement with Seacoast Utility Authority, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. The City Council further authorizes the Mayor and City Clerk to take all actions necessary to effectuate such agreement, including the acceptance of a Quit Claim Deed to the property described therein and the grant of certain utility and access easements to Seacoast in accordance with the exhibits thereto. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. -1- 0 SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 0 -2- Letter o f Transmittal SEACOAST UTILITY AUTHORITY 4200 Hood Road Palm Beach Gardens, F1 334 10 (561) 627 -2900 Voice (561) 624 -2839 Fax TO: Len Rubin HAND DELIVER Date: March 14, 2001 Job No. Attention: RE: Final Lilac Street WTP Agreement Enclosed: prints Shop Drawings Other: *These are transmitted For approval For your use As requested For your review & comments Other REMARKS 0 cc: Approved as submitted Approved as noted Returned for corrections fce regg, Director of p rations Signed: U, }' ` a AGREEMENT THIS AGREEMENT is made and entered into this day of , 2001, by and between the CITY OF PALM BEACH GARDENS ( "City") and the SEACOAST UTILITY AUTHORITY ( "Authority"). WITNESSETH: WHEREAS, Authority holds fee simple title interest in the Lilac Street Water Plant property more particularly described on Exhibit "1" ( "Property"); and WHEREAS, Authority ceased water treatment operations on the Property in 1994; and WHEREAS, pursuant to Chapter 125, Florida Statutes, the Authority has determined the Property to be surplus; and WHEREAS, the City wishes to acquire fee simple title to the Property; and WHEREAS, the Authority has determined that conveyance of the Property to the City is a compelling public interest in accordance with the provisions of Chapter 125.38, Florida Statutes; and WHEREAS, the Authority wishes to acquire certain easements and other consideration from the City; NOW THEREFORE, in consideration of the mutual covenants and promises as herein set forth, City and Authority agree as follows: 1. The foregoing statements are true and correct and are hereby incorporated into this Agreement. 2. Authority and City agree that Property is to be conveyed "as is" to City in accordance with the quit claim deed attached hereto as Exhibit "2." Any preacquisition and post acquisition costs, including such feasibility reports, appraisals, contamination assessments or other evaluations, studies, or investigations that the City may require, shall be the financial 9 obligation of the City. 1 • 3. As material consideration for conveyance of Property as set forth herein, City agrees to grant the utility easements and access easement attached hereto as Exhibit "3" and Exhibit "4" respectively. 4. The cost of recording the deed and for state documentary stamps, if any, shall be paid by the City. All costs relating to the recordation of the easement shall be paid by the Authority. 5. This Agreement incorporates all understandings, promises, covenants and representations between the parties relative to the subject matter hereof. No modification of this Agreement shall be effective and binding unless such modification is in writing and signed by both parties. 6. In connection with any litigation arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the non - prevailing party reasonable attorney's fees and costs, including those arising out of any appellate or declaratory action. 7. Venue of all proceedings in connection with Agreement shall be in Palm Beach County, Florida and all aspects of the Agreement shall be governed by the laws of the State of Florida. 8. The parties hereby agree from time to time to execute and deliver such further documents and do all matters and things which may be convenient and necessary to effectively and completely carry out the intentions of this Agreement. 9. If any part of this Agreement is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, City and Authority have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA BY ITS CITY COUNCIL By By Carol Gold, City Clerk Joseph R.Russo, Mayor F ATTEST: By Mary Ann Stiles, Authority Clerk U:\ USERS \RIM\SUA \DOCUMEN7'\PBGLILAC. DOC [J SEACOAST UTILITY AUTHORITY By Gail F. Nelson, Chair 3 • EXHIBIT "1" LILAC STREET WATER PLANT PROPERTY A parcel of land lying in the Southeast Quarter (SE 1/4) of Section 12, Township 42 South, Range 42 East, Palm Beach County, Florida and being more particularly described as follows: Bounded on the North by the South right -of -way line of the Thompson River as described in Official Record Book 1179, at Page 259, Public Records of Palm Beach County, Florida; Bounded on the South by a line 1,260 feet North of and parallel to the South line of said Section 12, Bounded on the East by the West right -of -way line of State Road 9 (I -95); And bounded on the West by the East line of the plat of Golfer's Village as shown in Plat book 28, at Page 83, Public Records of Palm Beach County, Florida; LESS AND EXCEPTING. THEREFROM that part lying Westerly of the East line of the parcel described in Official Record Book 4432, at Page 239, Public Records of Palm Beach County, Florida; And less right of way of Lilac Street, described in Official Record Book 1174, Page 254, Public Records of Palm Beach County, Florida. • DM)VSWIPwp9ffM �. k turn To: BRUCE GREGG 4200 ffood Road Palm Beach Gardena. Florida 33410 EXHIBIT "2" QUIT CLAIM DEED THIS QUIT CLAIM DEED, executed this _ day of _ , 2001, by SEACOAST UTILITY AUTHORITY (hereinafter referred to as Grantor), whose address is 4200 Hood Road, Palm Beach Gardens, Florida 33410, to CITY OF PALM BEACH GARDENS, a Florida municipal corporation (hereinafter referred to as Grantee), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410: WITNESSETH, that the said Grantor, for and in consideration of the sum of $10.00, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which Grantor has in and to the following described easement, situate, lying and being in the County of 111alul Beach, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same, together with all and singular the appurtenances there onto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. BUT RETAINING AND RESERVING unto Grantor, its successors and assigns, fee simple title and property ownership rights in the parcel of land described on Exhibit "B" attached hereto and made a part hereof (Retained Property) AND ALSO RETAINING AND RESERVING unto Grantor, its successors and assigns, the drainage easement described on Exhibit "C" attached hereto and made a part hereof (Retained Drainage Easement) AND ALSO RETAINING AND RESERVING unto Grantor, its successors and assigns, the exclusive utility easements described on Exhibit "D" attached hereto and made a part hereof (Retained Utility Easements) IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WPI'NlSS1S: GRANTOR: Signed, sealed and delivered SEACOAST UTILITY AUTHORITY in the presence of: Witness Signature Print Name Witness Signature Print Name 1 By: Attest: Gail F. Nelson, Chair Mary Ann Stiles, Authority Clerk SEAL STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2001 by Gail F. Nelson and Mary Ann Stiles, Chair and Authority Clerk respectively of Seacoast Authority, who are both personally known to me and who did not take an oath. • I)OCU M INI V'UG LS V,rMQUI1'CLM.0 p:122000 • F, Notary Signature Print Name Notary Public - State of Florida Commission No. My Commission Expires: Utility 0 QUIT CLAIM DEED EXHIBIT "A" A parcel of land lying in the Southeast Quarter (SE 1/4) of Section 12, Township 42 South, Range 42 East, Palm Beach County, Florida and being more particularly described as follows: Bounded on the North by the South right -of -way line of the Thompson River as described in Official Record Book 1179, at Page 259, Public Records of Palm Beach County, Florida; Bounded on the South by a line 1,260 feet North of and parallel to the South line of said Section 12, Bounded on the East by the West right -of -way line of State Road 9 (1: -95); And bounded on the West by the East line of the plat of Golfer's Village as shown in Plat book 28, at Page 83, Public Records of Palm Beach County, Florida; LESS AND EXCEPTING THEREFROM that part lying Westerly of the East line of the parcel described in Official Record Book 4432, at Page 239, Public Records of Palm Beach County, Florida; And less right of way of Lilac Street, described in Official Record Book 1174, Page 254, Public Records of Palm Beach County, Florida. 0 Page I of 1 n Q UrrCI.AM\LS W TP -A-wp :990730 • • • N88'22'41 W 10.00 — — �S01'37'19 "W 36.09' 0 1 WI N88'22'05 "W 210,00' CSTREETI EASEMENT) n-I P A R C E L 1 ACe 2849 I O.R.B. 4342, PAGE 380 I ) 1 z I a 'JI N QUIT CLAIM DEED IZ EXHIBIT "B" I 30 30' Page 1 of 2 SOUTH LINE SOUTIiEAST ONF- OUARTER SECTION 12/42/42 -- BEARING BASE: THE EAST LINE OF THE SOUTHEAST ONE - QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST IS TAKEN TO BEAR SOUTH 01.37'19` WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. LEGEND: Ii - DENOTES CENTERLINE O.R.B. - DENOTES OFFICIAL RECORDS BOOK THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. REVISIONS: EAST LINE SOUTHEAST ONE+UARTER SECTION 12/42/42`_I II PROJECT NAME: WRCO U N P L A T T E D 0. HO ARr DUKES, PROFESSIONAL SURVEYOR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 RETAINED PARCEL LINDAHL, 3ROWNING, FERRARI & HELLSTROM, INC Saale Sheet S88'22'05 "E 220.00' CONSULTING ENGINEERS, SURVEYORS & MAPPERS 1 " °50' lal 2 O ° 3550 SM. CORPORATE PARKWAY m 1 Of Pg. Z i v PALM CITY, FLORIDA 34990 (561) 286 -J883 FAX: (561) 2B6 -J925 Date IZ� OK Drawing 9 Work Order _ N WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 6/10/99 Checked, HO No. C o No. 99 -0093 m M SOUTHEAST 1/4 SECTION 12/42/42 LU >~ OI C) s 0) w o 0 ap o W z F ° LO M as Q Q ~ M NOTE: PARCEL LIES WITHIN THE 01 Q w SOUTHEAST 1/4, SECTION 12, U) J TOWNSHIP 42 SOUTH, RANGE 42 EAST. ^ c Q :`� O I z N z < Z (j) Iu TJ 140' �I POINT_OF BEGINNING WEST RIGHT -OF -WAY LINE I _ INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9) AND A LINE BEING I 1260 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SECTION 12/42/42 I N88'22'41 W 10.00 — — �S01'37'19 "W 36.09' 0 1 WI N88'22'05 "W 210,00' CSTREETI EASEMENT) n-I P A R C E L 1 ACe 2849 I O.R.B. 4342, PAGE 380 I ) 1 z I a 'JI N QUIT CLAIM DEED IZ EXHIBIT "B" I 30 30' Page 1 of 2 SOUTH LINE SOUTIiEAST ONF- OUARTER SECTION 12/42/42 -- BEARING BASE: THE EAST LINE OF THE SOUTHEAST ONE - QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST IS TAKEN TO BEAR SOUTH 01.37'19` WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. LEGEND: Ii - DENOTES CENTERLINE O.R.B. - DENOTES OFFICIAL RECORDS BOOK THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. REVISIONS: 2. NO SEARCHVOF THE P DS HAS BEEN MADE BY THIS OFFICE, PROJECT NAME: WRCO SKETCH AND LEGAL DESCRIPTION FOR: 0. HO ARr DUKES, PROFESSIONAL SURVEYOR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 RETAINED PARCEL LINDAHL, 3ROWNING, FERRARI & HELLSTROM, INC Saale Sheet Field Book CONSULTING ENGINEERS, SURVEYORS & MAPPERS 1 " °50' Field 2 O ° 3550 SM. CORPORATE PARKWAY 1 Of Pg. Z i v PALM CITY, FLORIDA 34990 (561) 286 -J883 FAX: (561) 2B6 -J925 Date Computed P OK Drawing 9 Work Order _ N WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 6/10/99 Checked, HO No. C o No. 99 -0093 • • • 1 ` LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST RIGHT —OF —WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9) AND A LINE 1,260 FEET NORTH OF AND PARALLEL WITH AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID, SECTION 12; PROCEED NORTH 88'22'05' WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 210.00 FEET; THENCE NORTH 01'37'19" EAST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 375.00 FEET; THENCE SOUTH 88'22'05" EAST, A DISTANCE OF 220.00 FEET TO A POINT ON SAID WEST RIGHT —OF —WAY LINE OF INTERSTATE 95; THENCE SOUTH 01'37'19" WEST, ALONG SAID WEST RIGHT —OF —WAY LINE, A DISTANCE OF 338.91 FEET; THENCE NORTH 88'22'41" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 01'37'19" WEST, A DISTANCE OF 36.09 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1.89 ACRES, MORE OR LESS. LINDAHL, BROWNING, FERRARI do HELLSTROM, IN CONSULTING ENGINEERS, SURVEYORS k MAPPERS 3550 S.W. CORPORATE PARKWAY PALM CITY. FLORIDA 34990 (561) 286 -3883 FAX: (561) 286 -3925 WEST PALM BEACH PALM CITY FORT PIERCE OKEECI IOBEE QUIT CLAIM DEED EXHIBIT "B" Page 2 of 2 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY RETAINED PARCEL Scale Sheet Field Book NA Field 2 Of 2 ; Pg. Date Computed BK Drawing Work Order i 6/10/99 Checked, HO No. No' 99 -0093 • • • I ;SOUTH SOUTH RIGHT —OF —WAY LINE POINT OF TERMINUS I� — i � I N01'14'29 "E 67.20' I I I I 1 I ' I i S73'27'04 "W 198.84' I 1 25' DRAIN) I —12.5' —12.5' S01'33'35 "W 333.98' EAST LINE SOUTHEAST ONE- QUARTER SECTION 12/42/42 POINT OF COMMENCEMENT 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL OF THE THOMPSON RIVER AND THE WEST PURPOSES ONLY AND IS NOT VALID. RIGHT -OF -WAY LINE OF INTERSTATE 95 (STATE 2. NO S H OF THE LI CORDS HAS BEEN MADE BY THIS OFFICE. ROAD NO. 9) (O.R.B. 1179, PAGE 259) THOMPSON RIVER (100' RIGHT 0. H6WARO - DEIKE-f- FAC.E.-fSIONAL SURVEYOR & MAPPER — —OF —WAY) I (S88'28'15 "E BEARING BASE) - — 139.92' LINDAHL, BROWNING, FERRARI do HELLSTROM, INC N88'28_15_'W - Sheet F� Z - S73'27'04 "W z 1 " =100' z 216.54' I Q _Z C2 W 3550 S.W. CORPORl.TE PARKWAY I Q I REFERENCE POINT "A" °D 1 Of 2 P Z v LL Date 1 n- 0 I W GE EASEMENT z I F'- I o NO' No. 99 -0093 }Q W I w _z LO J CF) I - - - - -- I I W _1 ,� Q 1 0 I I I F-' I ly W f— P A R C E L I' ZI S88'22'05 "E 354.51'/ POINT OF TERMINUS I�WEST LINE RETAINED PARCEL SOUTHEAST 1/4 SECTION 12/42/42 QUIT CLAIM DEED EXHIBIT "C" Page 1 of 2 NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST. LEGEND: BEARING BASE: q — DENOTES CENTERLINE THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR O.R.B. — DENOTES OFFICIAL RECORDS BOOK SOUTH 88'28'15" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. REVISIONS: 2. NO S H OF THE LI CORDS HAS BEEN MADE BY THIS OFFICE. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: 0. H6WARO - DEIKE-f- FAC.E.-fSIONAL SURVEYOR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLOP:DA NO. 453.5, L.B.F.H. CERTIFICATE NO. LB 959 DRAINAGE EASEMENT LINDAHL, BROWNING, FERRARI do HELLSTROM, INC Scale Sheet F� CONSULTING ENGUINEFRS, SURVEYORS & MAPPERS - 1 " =100' Field o °' 3550 S.W. CORPORl.TE PARKWAY 1 Of 2 P Z v PALM CITY, FLORIDA 34990 (561) 28L -3883 rAX: (561) 286 -3925 Date Computed 81C Drawing Work Order W -j u WEST PALM DEACIT PALM CITY FORT PIFRCF nKFFr•TTnRFE 5/2/99 r'V,s i—i H0 NO' No. 99 -0093 4 ° 0 LEGAL DESCRIPTION: • A STRIP OF LAND FOR EASEMENT PURPOSES, BEING 25.00 FEET IN WIDTH, LYING IN A PORTION' OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT —OF —WAY LINE OF THE THOMPSON RIVER (A 100 FOOT RIGHT —OF —WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST RIGHT —OF —WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9); PROCEED NORTH 88'28'15" WEST, ALONG SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 139.92 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP OF LAND; THENCE SOUTH 73'27'04" WEST, DEPARTING SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 216.54 FEET TO REFERENCE POINT "A "; THENCE CONTINUE SOUTH 73'27'04" WEST, A DISTANCE OF 198.84 FEET; THENCE SOUTH 01'33'35" WEST, A DISTANCE OF 333.98 FEET; THENCE SOUTH 88'22'05" EAST, A DISTANCE OF 354.51 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL OF LAND BEING RETAINED BY SEACOAST UTILITY AUTHORITY; SAID POINT ALSO BEING THE POINT OF TERMINUS. TOGETHER WITH: BEGIN AT SAID REFERENCE POINT "A "; PROCEED NORTH 01'14'29" EAST, A DISTANCE OF 67.20 FEET TO A POINT ON SAID SOUTH RIGHT —OF —WAY LINE OF THE THOMPSON RIVER; SAID POINT ALSO BEING THE POINT OF TERMINUS. SAID STRIP OF LAND BEING BOUND ON THE NORTH BY SAID SOUTH RIGHT —OF —WAY LINE OF THE THOMPSON RIVER AND BEING BOUNDED ON THE EAST BY A LINE BEARING NORTH 01'37'19" EAST WHICH PASSES THROUGH THE POINT OF TERMINUS. SAID PARCEL CONTAINING 2,420 SQUARE FEET OR 0.66 ACRES, MORE OR LESS. LINDAHL, BROWNING, FERRARI do HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS do MAPPERS NA 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 Date (561) 286 -3883 FAX: (561) 286 -3925 • WFST PMU RFArII PAIM CITY FORT PIERCE OKEECHOBEE c 5 /2/99 QUIT CLAIM DEED EXHIBIT "C" Page 2 of 2 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY DRAINAGE EASEMENT Sheet Field 0 W Computed ok Field 2 Of 2 • p a Pg. Z BK Drowing Work Order E o Checked HD Na. N °' 99 -0093 • • I THOMPSON RIVER RIGHT -OF -WAY) o (O.R.B. 1179, PAGE 259) L0 (588'28'15 "E BEARING BASE) 588'28'15 "E j� I 40.00' / POINT OF BEGINNING SOUTH RIGHT -OF -WAY LINE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF THE THOMPSON RIVER AND THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 95 (STATE ROAD 40' NO. 9) a ` Z N 'ct N I w � W oN o O SOUTHEAST 1/4 Z Lo I Z SECTION 12/42/42 3 V) �, p Q O o a I � N Q UIw NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, O LL I �-- SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST. I lil Lj J Q 0 O Z I Cn —+ �- F- �`/ N Q 01 '� � w ��O' NO r0� z 118.10' --I N88'22'05 "W - V R E T A I N E D P A R C E L Q NORTH LINE RETAINED PARCEL W ) QUIT CLAIM DEED LEGEND: I EXHIBIT Ian" I Ct - DENOTES CENTERLINE Page 1 of 10 O.R.B. - DENOTES OFFICIAL RECORDS BOOK BEARING BASE: THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR SOUTH 88'28'15** EAST AND ALL RELATIVE THERETO. OTHER BEARINGS SHOWN THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT.BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. REVISIONS: 2. NO SEARCH IHE PUDL CO D HAS. BEEN MADE BY THIS OFFICE. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: 0. HOWARD DUKES, PROFESSIONAL SURV OR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 UTILITY EASEMENT LINDAHL, BROWNING, FERRARI do HELLSTROM, INC Scale Sheet Fiel CONSULTING EN414NEERS. SURVEYORS h MAPPERS 1 " =50' Field 1 Of 2 t o 3550 S.W. CORPORATE PARKWAY P9• Z � PALM CIIY. FLORIDA 34990 Date Computed 13K Drawing Work Order � (561) 286 -3883 FAX: (561) 266 -3925 Na. No. WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 Checked HD 99 -0093 J • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF THE THOMPSON RIVER (A 100 FOOT RIGHT -OF -WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9); PROCEED SOUTH 01'37'19" WEST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 324.73 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND BEING RETAINED BY SEACOAST UTILITY AUTHORITY; THENCE DEPARTING SAID WEST RIGHT -OF -WAY LINE, NORTH 88'22'05" WEST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 118.10 FEET; THENCE NORTH 46'19'20" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 64.69 FEET; THENCE NORTH 51'07'45" EAST, A DISTANCE OF 42.87 FEET TO A POINT ON A LINE BEING PARALLEL WITH AND 40.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO SAID WESTERLY RIGHT -OF -WAY LINE OF INTERSTATE 95; THENCE NORTH 01'37'19" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 250.83 FEET TO A POINT ON SAID SOUTH RIGHT -OF -WAY LINE OF THE THOMPSON RIVER; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 88'28'15" EAST, ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 15,987 SQUARE FEET OR 0.37 ACRES, MORE OR LESS. QUIT CLAIM DEED EXHIBIT "D" Page 2 of 10 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT LINDAHL, BROWNING, FERRARI & HELLSTROM. INC Scale Sheet Field Book CONSULTING ENGINEERS, SURVEYORS k MAPPERS NA Field 2 of 2 ° 3550 S.W. CORPORATE PARKWAY P9• Z o PALM CITY. FLORIDA 34990 (561) 286 -3993 FAX: (561) 286 -3925 Dote Computed BK Drawing Work Order �+ o WEST PALM REACH PALM Cm FORT PIERCE OKEECHOBEE 4/28/99 Checked HD No. No. 99 -0093 • • • _THOMPSON_RIVER (S88-28'15"E BEARING BASE) - (100' RIGHT-OF-WAY) (O.R.B. 1179, PAGE-259) o SOUTH RIGHT -OF -WAY LINE I N Ln f/ I \ N N88'28'15 "W ' POINT OF BEGINNING ----- - - - - - --- S88'28'15 52.12' N27'57'48 "W 18.5 Z I O E4 L.I N 01 J ET) Z O rn � � lr cn a ID El ".-- 392.72 _ 1 \ 3. oIL0 a lv ,.T Ln • IN 0 h d' w (a In O � O -' N W IA L4 � 00 Ln m S77'39'53 "E 43.83' S81.48.07 "E N27'32'12 "W 37.00' 57.25' �r 9 >z 1 0�, NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST N87'07'47 "W 33.42' LEGEND: Ii - DENOTES CENTERLINE QUIT CLAIM DEED O.R.B.- DENOTES OFFICIAL RECORDS BOOK EXHIBIT "D" Page 3 of 10 v rn 1 A� 06�, �6 � I BEARING BASE: THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR WEST LINE RETAINED PARCEL SOUTH 88'28'15" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LID. 2. FNO§fARCH F THE q OS HAS BEEN MADE BY THIS OFFICE. 0. HOWARD DUKES, PROFESSIONAL SURVEYOR do MAPPER STATE Of' f LORIOA NO. x533, L.B.F.H. CERTIFICATE NO. LB 959 .INDAHL, aRGPJNING, FERRARI do HELLSTROM. INC Scale CONSULT7NC ENGINEERS, SURVEYORS 4 MAPPERS -- 1 " =50' Feld 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 w U 3 Of am Q M 0 0 In w z Q f- LJ d' REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet Field Book 1 Of 2 ° Pg Z (561) 266 -3883 FAX: (561) 286 -3925 Date Computed BK Drawing Work Order - V _o WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 Checked HO No. N0. 99 -0093 = N 7_ 0 U Z w w J 1w (n I'15 "W 5.72' z -� } a 3 0-1 I I ~� w 1- I � I ~ o' m zF a l w x =a O I W C3 I o it = U xzw Z Paz w I O u°t, wo O W I w� x w F= I ~ O 40a r < LLJ F- LL- 003 oT �/�l0 vJI U p 40 I z Nw I z O N N 1 Q d Z0 w z 1 z _ � � � J O to I I (((iii333"' < Q DO O I I w N S77'39'53 "E 43.83' S81.48.07 "E N27'32'12 "W 37.00' 57.25' �r 9 >z 1 0�, NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST N87'07'47 "W 33.42' LEGEND: Ii - DENOTES CENTERLINE QUIT CLAIM DEED O.R.B.- DENOTES OFFICIAL RECORDS BOOK EXHIBIT "D" Page 3 of 10 v rn 1 A� 06�, �6 � I BEARING BASE: THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR WEST LINE RETAINED PARCEL SOUTH 88'28'15" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LID. 2. FNO§fARCH F THE q OS HAS BEEN MADE BY THIS OFFICE. 0. HOWARD DUKES, PROFESSIONAL SURVEYOR do MAPPER STATE Of' f LORIOA NO. x533, L.B.F.H. CERTIFICATE NO. LB 959 .INDAHL, aRGPJNING, FERRARI do HELLSTROM. INC Scale CONSULT7NC ENGINEERS, SURVEYORS 4 MAPPERS -- 1 " =50' Feld 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 w U 3 Of am Q M 0 0 In w z Q f- LJ d' REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet Field Book 1 Of 2 ° Pg Z (561) 266 -3883 FAX: (561) 286 -3925 Date Computed BK Drawing Work Order - V _o WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 Checked HO No. N0. 99 -0093 = • • • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA: SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT —OF —WAY LINE OF THE THOMPSON RIVER (A 100 FOOT RIGHT —OF —WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST RIGHT —OF —WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9); PROCEED NORTH 88'28'15" WEST, ALONG SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 392.72 FEET; THENCE SOUTH 01'31'45" WEST, DEPARTING SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 50.00 FEET; THENCE NORTH 88'28'15" WEST, A DISTANCE OF 5.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE SOUTH 06'56'17" EAST, A DISTANCE OF 41.70 FEET; THENCE SOUTH 02'34'54" EAST, A DISTANCE OF 143.84 FEET; THENCE SOUTH 08'46'09" EAST, A DISTANCE OF 29.21 FEET; THENCE SOUTH 4913'30" EAST, A DISTANCE OF 72.73 FEET; THENCE SOUTH 81'48'07" EAST, A DISTANCE OF 57.25 FEET; THENCE SOUTH 77'39'53" EAST, A DISTANCE OF 43.83 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND BEING RETAINED BY SEACOAST UTILITY AUTHORITY; THENCE SOUTH 01'37'19" WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 111.94 FEET; THENCE NORTH 53'40'26" WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 130.63 FEET; THENCE NORTH 87'07'47" WEST, A DISTANCE OF 33.42 FEET; THENCE NORTH 47'17'07 ". WEST, A DISTANCE OF 49.74 FEET; THENCE NORTH 27'32'12" WEST, A DISTANCE OF 37.00 FEET; THENCE NORTH 06'58'59" WEST, A DISTANCE OF 65.38 FEET; THENCE NORTH 03' 39'21" WEST, A DISTANCE OF 165.76 FEET; THENCE NORTH 27'57'48" WEST, A DISTANCE OF 18.50 FEET, THENCE SOUTH 88'28'15" EAST, A DISTANCE OF 52.12 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 25,025 SQUARE FEET OR 0.57 ACRES, MORE OR LESS. LINLIAHL, BROWNING, FERRARI & HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS NA 3550 S.W. CORPORATE PARKWAY PALM CITY. FLORIDA 34990 Date (561) 286 -3883 FAX: (561) 286 -3925 .WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 QUIT CLAIM DEED EXHIBIT "D" Page 4 of 10 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet Fie Field 2 Of 2 O Pg Z ; w °• Computed BK Drawing Work Order -j =' LL U No. No. Checked HD 99 -0093 Ul • • PARCEL (O.R.B. 1660, PAGE 816) I I 1 - - - -__J C. POINT OF COMMENCEMENT °' co SOUTHEAST CORNER PARCEL DESCRIBED IN O.R.B. 1660, PAGE 816 O N UI � 19 - N01'33'35 "E 30.00' II N01 *33'35"E 90.79' A LO DO c6 DO LO O N N DO DO z w t0 eo n w in O N N m In LEGEND: C - DENOTES CENTERLINE O.R.B. - DENOTES OFFICIAL RECORDS BOOK QUIT CLAIM DEED EXHIBIT "D" Page 5 of 10 WEST LINE RETAINED PARCEL R — ' _ _ 30.00' 1 — — — SO1'37'19 "W R E T A I N E D P A R C E L BEARING BASE: THE CENTERLINE OF LILAC STREET IS TAKEN TO BEAR NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SOUTH 88'22'05" EAST AND ALL OTHER BEARINGS SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST. SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL &'D ONLY AND IS NOT 10. REVISIONS: 2 F THE P R C DS HAS BEEN MADE BY THIS OFFICE. PROJECT NAME: '' SKETCH AND LEGAL DESCRIPTION FOR: oKES, PROFtSrIQNAL�URVEYOR &MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 UTILITY EASEMENT LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scale Sheet Field Book CONSULIING ENGINEERS, SURVEYORS k MAPPERS 1 " =50' Feld 1 Of 2 O 3550 S.W. CORPORATE PARKWAY P9• ; v PALM CITY, FLORIDA 3 990 J P (561) 286 -3883 FAX: (561) 286 -3925 Date Computed 8K Drawing Work Order U 4- _o WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 Checked HD No. No. 99 -0093 = 0 I z z z W W z m L30_ J ; r � 0 z I^ O o n- N W O Ia � I ~ °' I o 1�Lj a z Imo/ m O_ /, I o? � I _ WI>- w w Q m I— L N O O `n N V/ I U1 �N 0 I I I I I LO DO c6 DO LO O N N DO DO z w t0 eo n w in O N N m In LEGEND: C - DENOTES CENTERLINE O.R.B. - DENOTES OFFICIAL RECORDS BOOK QUIT CLAIM DEED EXHIBIT "D" Page 5 of 10 WEST LINE RETAINED PARCEL R — ' _ _ 30.00' 1 — — — SO1'37'19 "W R E T A I N E D P A R C E L BEARING BASE: THE CENTERLINE OF LILAC STREET IS TAKEN TO BEAR NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SOUTH 88'22'05" EAST AND ALL OTHER BEARINGS SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST. SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL &'D ONLY AND IS NOT 10. REVISIONS: 2 F THE P R C DS HAS BEEN MADE BY THIS OFFICE. PROJECT NAME: '' SKETCH AND LEGAL DESCRIPTION FOR: oKES, PROFtSrIQNAL�URVEYOR &MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 UTILITY EASEMENT LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scale Sheet Field Book CONSULIING ENGINEERS, SURVEYORS k MAPPERS 1 " =50' Feld 1 Of 2 O 3550 S.W. CORPORATE PARKWAY P9• ; v PALM CITY, FLORIDA 3 990 J P (561) 286 -3883 FAX: (561) 286 -3925 Date Computed 8K Drawing Work Order U 4- _o WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 Checked HD No. No. 99 -0093 = E. • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1660, PAGE 816, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT ALSO BEING A POINT ON THE NORTH RIGHT —OF —WAY LINE OF LILAC STREET (A 60.00 FOOT RIGHT —OF —WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 254, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED SOUTH 88'22'05" EAST, ALONG SAID NORTH RIGHT —OF —WAY LINE, A DISTANCE OF 453.25 FEET; THENCE NORTH 01' 33'35" EAST, DEPARTING SAID NORTH RIGHT —OF —WAY LINE, A DISTANCE OF 90.79 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 01'33'35" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 88'22'05" EAST, A DISTANCE OF 386.88 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL OF LAND BEING RETAINED BY SEACOAST UTILITY AUTHORITY; THENCE SOUTH 01'37'19" WEST, ALONG SAID WEST LINE, A DISTANCE OF 30.00 FEET; THENCE NORTH 88'22'05" WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 386.85 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 11,606 SQUARE FEET OR 0.27 ACRES, MORE OR LESS. )AHL, BROWNING, FERRARI do HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS NA Field QUIT CLAIM DEED EXHIBIT "D" Page 6 of 10 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet I Field Book 2 Of 2 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 (561) 286 -3683 FAX: (561) 286 -3925 Date Computed BK Drawing 4/28/99 NO' WEST PALM DEACR PALM CITY FORT PIERCE OKEECHOBEE Checked HD O Pg Z a W Work Order No. 99 -0093 • • T'] O M N O V) I ( I I I 1 I I 1 I I EAST LINE SOUTHEAST ONE— QUARTER SECTION 12/42/42 _THOMPSON_ RIVER E_ (S8_8-28'15'"E BEARING BASE) (100' RIGHT —OF —WAY) CO. ( R. B. 1179, PAGE 259) — -- o SOUTH RIGHT —OF —WAY LINE 1 In POINT OF BEGINNING I N88'28'15 "W 214.79" NaB'za'15"w 392.72'n W LO 00 O i7 O z S88'28'15 "E 214.81' POINT OF COMMENCEMENT INTERSECTION OF THE SOUTH RIGHT —OF —WAY LINE OF THE THOMPSON RIVER AND THE WEST RIGHT —OF —WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9) SOUTHEAST 1/4 SECTION 12/42/42 NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST. LEGEND: Ii — DENOTES CENTERLINE O.R.B. — DENOTES OFFICIAL RECORDS BOOK BEARING BASE: THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR SOUTH 88'28'15" CAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. I I I W z J 1 I I < I O I 0 1� 1 1 S K 0 CY) N I I �r Z w I Q 1Q I O vJ 1 F- I I Fw- zl< IF- I I QUIT CLAIM DEED EXHIBIT "D" Page 7 of 10 THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT,) J1LID. REVISIONS: 2. NOSARC ,F THE Pi' . R /?ADS HAS BEEN MADE DY THIS OFFICE. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: 0. HOwARO DUKES, PROFESSIONAL SURVEYOR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 UTILITY EASEMENT LINDAHL, BROWNING. FERRARI & HELLSTROM, INC Scale Sheet Fie CONSULTING ENGINEERS, SURVEYORS do MAPPERS 1 " -50' Field 1 of 2 O rn 3550 S.W, CORPORATE PARKWAY Pgw Z ; PALM CITY FLORIDA 34990 W (561) 286 -3883 FAX: (561) 286 -3925 Date Computed BK Drawing Work Order WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 lChecked HD No. No. 99 -0093 • • • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF THE THOMPSON RIVER (A 100 FOOT RIGHT -OF -WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9); PROCEED NORTH 88'28'15" WEST, ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 392.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 88'28'15" WEST, A DISTANCE OF 214.79 FEET; THENCE SOUTH 01'33'35" WEST, DEPARTING SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 50.00 FEET; THENCE SOUTH 88'28'15" EAST, A DISTANCE OF 214.81 FEET; THENCE NORTH 01'31'45" EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 10,740 SQUARE FEET OR 0.25 ACRES, MORE OR LESS. QUIT CLAIM DEED EXHIBIT "D" Page 8 of 10 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT LINDAHL, BROWNING, FERRARI dL HELLSTROM, INC Scale Sheet Fi CONSULTING ENGINEERS. SURVEYORS k MAPPERS NA Field 2 of 2 PM, 0 Z 3 3550 S.W. CORPORATE PARKWAY W Date Computed 13K Drowing Work Order PALM CITY, FLORIDA 34990 -j (561) 2e6 -3RBJ FAX: (561) 286 -3925 No. No. l._ o Checked HD WEST PALM OEAC#I PALM CITY FORT PIERCE OKEECMOOEE 4/28/99 99 -0093 = 0 • • • I I I I I A011TM ( I I I N01'31'45"E -) POINT OF TERMINUS ' 1 N89'55'54 "W 63.87' N75'20'02 "W 60.07' N84'38'23 "W 68.37' CENTERLINE 10' UTILITY EASEMENT BEARING BASE: THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR SOUTH 88'28'15" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST N80'19'04 "W 98.07' LEGEND: Ii - DENOTES CENTERLINE O.R.B. - DENOTES OFFICIAL RECORDS BOOK N62'00'02 "W 72.56' ----------- - - - - -- - - - - -- - , S0r37'19 "W -- POINT OF BEGINNING N88'28'15 "79.29' W 40.00-'-- 1 WEST RIGHT -OF -WAY LINE POINT OF COMMENCEMENT INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF THE THOMPSON RIVER AND THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9) _ INTERSTATE 95 (STATE ROAD NO. 9) w ' z 1 J 1 I Q '> Li (n ) W 1 a' Q p I > } u7 M '- 3 w z C7 I Q D_ Z I O Of d W O r Di m F=- O N I 0 I m Do \ CN !N °oCj DO \ 1 =Iv0 N N I I Z O U W (n w a I Q 50' 01 w z 1 U I I- U) Q w I = O ' W Z J 1- U) a w QUIT LAIM DEED / EXHI IT "D" _ _Page_ of_ 10 THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. REVISIONS: 2. NO SEARC OF THE P RDS HAS BEEN MADE BY THIS OFFICE. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: 0. HO&RO DUKES, PROFESSIONAL SURVEYOR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 UTILITY EASEMENT LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scale Sheet F CONSULTING CNGMEERS, SURVEYORS B MAPPERS 1 "=50' Field 1 of 2 O 3550 S.W. CORPORATE PARKWAY P Z 3 PALM CITY FLORIDA 34990 LJ (561) 286 -3883 FAX: (561) 286 -3925 Date o Computed 8K Drawing Work Order WEST PALM DEACII PALM CITY FORT PIERCE OKEEC14WEE 4/28/99 Checked HD No. No. 99 -0093 0 • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES BEING 10.00 FEET IN WIDTH LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; THE CENTERLINE OF SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF THE THOMPSON RIVER (A 100 FOOT RIGHT -OF -WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9); PROCEED NORTH 88'28'15" WEST, ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 40.00 FEET; THENCE SOUTH 01'37'19" WEST, DEPARTING SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 78.28 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 62' 00'02' WEST, A DISTANCE OF 72.56 FEET; THENCE NORTH 80''19'04" WEST, A DISTANCE OF 98.07 FEET; THENCE NORTH 84'38'23" WEST, A DISTANCE OF 68.37 FEET; THENCE NORTH 75'20'02" WEST, A DISTANCE OF 60.07 FEET; THENCE NORTH 89'55'54" WEST, A DISTANCE OF 63.87 FEET TO THE POINT OF TERMINUS. BEING BOUNDED ON THE EAST BY A LINE BEARING SOUTH 01'37'19" WEST WHICH PASSES THROUGH THE POINT OF BEGINNING AND BEING BOUNDED ON THE WEST BY A LINE BEARING NORTH 01'31'45" EAST WHICH PASSES THROUGH THE POINT OF TERMINUS. SAID PARCEL CONTAINING 3,629 SQUARE FEET OR 0.08 ACRES, MORE OR LESS. DAHL, BROWNING, FERRARI do HELLSTROM, CONSULTING ENGINEERS. SURVEYORS & MAPPERS 3550 S.W. CORPORATE PARKWAY PALM CITY FLORIDA 34990 Scale NA Field (561) 286 -3883 FAX: (561) 286 -3925 I Date WEST PALM BEACH PALM CITY FORT PIERCE OXEECIIOBEE 4/28/99 Computed Checked QUIT CLAIM DEED EXHIBIT "D" Page 10 of 10 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet Field Book 2 Or 2 o Pg. Z uj BK Drawing Work Order _J N HD No. No. 99 -0093 • Return To: Seacoast Utility Authority Bruce Gregg 4200 Hood Road Palm Beach Gardens, Fl 33410 EXHIBIT "T' EASEMENT DEED THIS EASEMENT DEED made and entered into this day of , 2001 between The City of Palm Beach Gardens, a Florida Municipal Corporation whose address is 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, (hereinafter referred to as "Grantor ") and Seacoast Utility Authority (hereinafter referred to as "Grantee "), having an address at 4200 Hood Road, Palm Beach Gardens, Florida, 33410. W ITNESSETH: That Grantor, for and in consideration of the sum of Ten, Dollars ($10.00) in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service water and sewer lines and appurtenant facilities in, on, over, under and across the easement premises. The easement hereby granted covers a strip of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. 1 WITNESSES: GRANTOR: Signed, sealed and delivered CITY OF PALM BEACH GARDENS in the presence of: By: Witness Signature Joseph R. Russo, Mayor Print Name Attest: Witness Signature Carol Gold, City Clerk Print Name (SEAL) STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument-was acknowledged before me this day of , 2001 by Joseph R. Russo and Carol Gold, Mayor and City Clerk respectively of the City of Palm Beach Gardens, who are both personally known to me and who have not taken an oath. Notary Signature Print Name Notary Public - State of Florida Commission No. My Commission Expires: DOCUMEN xPBGLSWTP\DEED.wp:122000 • • • t' i THOMPSON RIVER (S88'28'1 5"E BEARING BASE) (100' RIGHT —OF —WAY) (O.R.B. 1179, PAGE 259) SOUTH RIGHT —OF —WAY LINE l POINT OF BEGINNING — N88'28'15' W N88'28'15' W 1194.88 45.00' -- -- - - - -- -- W O Q J J ri — ro a a v) N N m W LL- J O CD La_ O H Q J w w zw U J U J F- Q fn w � = w F- CC J 00 z (D 0 °O I w POINT OF COMMENCEMENT Ln INTERSECTION OF THE SOUTH RIGHT —OF —WAY LINE OF THE THOMPSON RIVER AND THE WEST RIGHT —OF —WAY LINE OF INTERSTATE 95 (STATE ROAD Z NO. 9) 1 45.00' lS88'28'15 "E 1 I 1 i 1 1 EAST LINE PLAT OF GOLFER'S VILLAGE I NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST BEARING BASE: THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR SOUTH 88'28'15" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. w I w Z J I >- I� I 1 Li O 1 I T- 9 Of I~ 1� I \/1 -- - N � 1 \ I N d- N , Z I� O Cy) bi F- U I 0 Lo Z W 0 WI Q < �—1 0 O I- O II--I (n Z I (v Q W (�f— O 1 U) LA Z_ J I- Cn Q W LEGEND: — DENOTES CENTERLINE O.R.B. — DENOTES OFFICIAL RECORDS BOOK EASEMENT DEED EXHIBIT "A" Page I of 23 THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. REVISIONS: 2. NO SEARCHH C F THE FPVRLl R DS HAS BEEN MADE BY THIS OFFICE. PROJECT NAME: f / y SKETCH AND LEGAL DESCRIPTION FOR: O. HO ARf D OFESS[ NAL SURVEYOR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORDA NO. 45.33, L.B.F.H. CERTIFICATE NO. LB 959 UTILITY EASEMENT LINDAHL, BROWNING, FERRARI do HELLSTROM, INC Scale Sheet Field Book CONSULTING ENGINEERS, SURVEYORS & MAPPERS -- — 1 " =50' Field 1 of 2 P z; 3550 S.W. CORPORATE PARKWAY PALM CITY. FLORIOA 34990 Date Computed BK Drowing Work Order (561) 286 -3883 FAX: (561) 286 -3925 o WEST PALM OFICIi PALM CITY FORT PIERCE OKEECIIODEE 4/28/99. Checked HD No. No. 99 -0093 = • • y LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT —OF —WAY LINE OF THE THOMPSON RIVER (A 100 FOOT RIGHT —OF —WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST RIGHT —OF —WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9); PROCEED NORTH 88'28'15" WEST, ALONG SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 1194.88 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 88'28'15" WEST, A DISTANCE OF 45.00 FEET TO THE NORTHEAST CORNER OF THE PLAT OF GOLFER'S VILLAGE, AS RECORDED IN PLAT BOOK 28, PAGE 83, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTH RIGHT —OF —WAY LINE, SOUTH 01'37'55" WEST, ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 90.00 FEET; THENCE SOUTH 88'28'15" EAST, DEPARTING SAID EAST LINE, A DISTANCE OF 45.00 FEET; THENCE NORTH 01'37'55" EAST, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4,050 SQUARE FEET OR 0.09 ACRES, MORE OR LESS. EXHIBIT "A" Page 2 of 23 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT LINDAHL, BROWNING, FERRARI do HELLSTROM. INC Scale Sheet Field Book CONSULTING ENGINEERS, SURVEYORS & MAPPERS NA Field 2 Of 2 o z 3550 S.W. COI<I''ORAIE PARKWAY Pg. i PALM CITY. fLORIpA 34990 Date Computed BK Drowing Work Order (561) 286 -3883 FAX: (561) 286 -3925 E o WEST PALM BEACH PALM CITY FORT PIERCE OKEECI1O6EE 4/28/99 Checked HD No. No. 99 -0093 INTERSTATE 95 EXHIBIT "A" (STATE ROAD NO. 9) I Page 3 of 23 EAST LINE SOUTHEAST ONE- QUARTER SECTION 12/42/42 BEARING BASE: THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR SOUTH 88'28'15" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. LEGEND: — DENOTES CENTERLINE O.R.B. — DENOTES OFFICIAL RECORDS BOOK SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. THIS IS NOT A SURVEY REVISIONS: /15/99- CORRECT SPELLING ERROR ON SHEET 2 OF 2 BY: J.A.W. 1 I I NO, 37'55 "E I PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: 0T1A1 10.00' SEACOAST UTILITY AUTHORITY O. rlownRD DUKES, PROFESti1— SURVEYOR & MAPPER STATE OF FLOk10A NO. X533, L.B. F.H. CERTIFICATE NO. "LINDAHL, LB 959 I I I I BROWNING, FERRARI do HELLSTROM, INC , Sheet I I I 1 50' CONSULTING ENGINEERS. SURVEYORS h MAPPERS 1 " =50' Field 1 Of 2 P 3550 S.W. CORPORATE PARKWAY i to I� I PALM CITY, FLO RIDA J1990 I Date Computed BK Drawing Work Order to z J � I N Checke,8 HD WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 Q = I NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, , 3 I I r Q m C N 0 SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST. i M 3 m 3 ui z LL O Z I Law I� 1 I Q I m � Z 1 z I u� `) i M I of = ~ O° O 0] co d N NORTH LINE t: 1 3: "� 10' ACCESS & UTILITY EASEMENT` ; to 1 O 00 uj I LYING IN SOUTHEAST 1/4, SECTION 12, i 1 TOWNSHIP 42 SOUTH, RANGE 42 EAST i I I I V) I 10' ACCESS &UTILITY EASEMENT I (O.R.B. 6618, PAGE 534) I I I , 3 3'35 "W I I I �SO`l 10.00' I I POINT OF BEGINNING/ NORTHEAST CORNER 10 FOOT ACCESS & UTILITY EASEMENT S01'33'35 "W 21.94' WEST RIGHT —OF- -WAY LINE N88'28'15 "W 607.51"" POINT OF COMMENCEMENT INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF THE I THOMPSON RIVER AND THE WEST RIGHT -OF -WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9) INTERSTATE 95 EXHIBIT "A" (STATE ROAD NO. 9) I Page 3 of 23 EAST LINE SOUTHEAST ONE- QUARTER SECTION 12/42/42 BEARING BASE: THE CENTERLINE OF THOMPSON RIVER IS TAKEN TO BEAR SOUTH 88'28'15" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. LEGEND: — DENOTES CENTERLINE O.R.B. — DENOTES OFFICIAL RECORDS BOOK SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. THIS IS NOT A SURVEY REVISIONS: /15/99- CORRECT SPELLING ERROR ON SHEET 2 OF 2 BY: J.A.W. 2. NO SEARCH OF THE PIjI34C RECORDS HAS BEEN MADE BY THIS OFFICE. D� PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: 0T1A1 SEACOAST UTILITY AUTHORITY O. rlownRD DUKES, PROFESti1— SURVEYOR & MAPPER STATE OF FLOk10A NO. X533, L.B. F.H. CERTIFICATE NO. "LINDAHL, LB 959 UTILITY EASEMENT BROWNING, FERRARI do HELLSTROM, INC SCOle Sheet Field Book CONSULTING ENGINEERS. SURVEYORS h MAPPERS 1 " =50' Field 1 Of 2 P 3550 S.W. CORPORATE PARKWAY PALM CITY, FLO RIDA J1990 1.1 '-° J Date Computed BK Drawing Work Order (561) 286 -3883 FAX: (561) 286 -3925 No No. Checke,8 HD WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 99-0093 99 -0093 = • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT —OF —WAY LINE OF THE THOMPSON RIVER (A 100 FOOT RIGHT —OF —WAY), AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE WEST RIGHT —OF —WAY LINE OF INTERSTATE 95 (STATE ROAD NO. 9); PROCEED NORTH 88'28'15" WEST, ALONG SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 607.51 FEET; THENCE SOUTH 01'33'35" WEST, DEPARTING SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 21.94 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN 10.00 FOOT WIDE ACCESS AND UTILITY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 6618, PAGE 534, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 88'41'34" WEST, ALONG THE NORTH LINE OF SAID EASEMENT, A DISTANCE OF 587.40 FEET; THENCE N01'37'55 "E DEPARTING THE NORTH LINE OF SAID EASEMENT, A DISTANCE OF 10.00 FEET; THENCE S88'41'34 "E, ALONG A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF SAID EASEMENT, A DISTANCE OF 587.39 FEET; THENCE S01'33'35 "W, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL PARALLEL WITH AND CONTIGUOUS TO THE EAST LINE OF SAID 10.00 ACCESS AND UTILITY EASEMENT. SAID PARCEL CONTAINING 5,874 SQUARE FEET OR 0.13 ACRES, MORE OR LESS. EXHIBIT "A" Page 4 of 23 REVISIONS: ONl SHEETC20 OF 2T BYELJIn ERROR PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scale Sheet Field Book CONSULTING ENGINEERS. SURVEYORS & MAPPERS NA Field 2 Of 2 ° Pg z 3550 S.W. CORPORATE PARKWAY PALM CITY, rLOR10A 3 +990 pale Computed .B)( Growing Work Order w (561) 286 -3883 FAX: (561) 286 -3925 la. a L WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 428/99 Checked HD NO. NO. 99 -0093 • • • II II EAST LINE PLAT OFD GOLFER'S VILLAGE \`{! I Q J J n — m > a m In m tY W Li J O 0 G 10' ACCESS & UTILITY EASEME (O.R.B. 6618, PAGE 534) EAST LINE 10' ACCESS &- UTILITY EASEMENT POINT OF BEGINNING VI aI M .I1 w rn rn m IM M W 3 tO IIn In f� Its j� N IZ TI I I S88'22'05 "E 5.00' -5' NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST I N88'22'05 "W 5.00' J LEGEND: - DENOTES CENTERLINE O.R.B.- DENOTES OFFICIAL RECORDS BOOK SOUTHEAST 1/4 SECTION 12/42/42 S88'22'05" E I I 10.00, � I N01 5 "E 1.1 L 50.00 ---I------------ — — — —I— — — — — — — — — — — POINT OF COMMENCEMENT NORTHWEST CORNER PARCEL DESCRIBED IN O.R.B. 1660, PAGE 816 (O.R.B. 1660, PAGE 816) If i I I I I 0 LILAC S_ TREE_T_ (60' RIGHT -OF -WAY) (O.R.B. 1179, PAGE 254) BEARING BASE: THE EAST LINE OF THE PLAT OF GOLFER VILLAGE IS TAKEN TO BEAR SOUTH 01'37'05" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. No SEARCH F THE PU WCO S HAS BEEN MADE BY THIS OFFICE. 0. HOWARD DUKES, PROFESS!014AL SURVEYOR & MAPPER STATE OF FLORIOA NO. 4533, L.B.F.H. CERTIFICATE NO. L8 959 LINDAHL, 9ROWNING, FERRARI & HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS 1 " -Sn' Fielc 355U 5.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 (561) 286 -3883 FAX: (561) 286 -3925 WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE EXHIBIT "A" Page 5 of 23 THIS IS NOT A SURVEY REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet Field Book 1 Of 2 P Z a+ Date Computed 13K Ur 4/28/99 Checked HD No 9• W Work Order No. 99 -0093 o • • • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1660, PAGE 816, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT ALSO BEING A POINT ON THE EAST LINE OF THE PLAT OF GOLFER'S VILLAGE, AS RECORDED IN PLAT BOOK 28, PAGE 83, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED NORTH 01'37'55" EAST, ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 50.00 FEET; THENCE SOUTH 88'22'05" EAST, DEPARTING THE EAST LINE OF SAID PLAT, A DISTANCE OF 10.00 FEET TO A POINT ON THE EAST LINE OF THAT CERTAIN ACCESS AND UTILITY EASEMENT, ALSO RECORDED IN OFFICIAL RECORDS BOOK 6618, PAGE 534, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 01'37'55" EAST, ALONG SAID EAST LINE OF SAID 10.00 FOOT EASEMENT, A DISTANCE OF 395.01 FEET; THENCE SOUTH 88'22'05" EAST, DEPARTING SAID EAST LINE, A DISTANCE OF 5.00 FEET; THENCE SOUTH 01' 37'55" WEST, A DISTANCE OF 395.01 FEET; THENCE NORTH 88'22'05" WEST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1,975 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. INDAHL, BROWNING, FERRARI dt HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS do MAPPERS NA 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 Date (561) 286 -3863 FAX! (561) 266 -3925 WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 EXHIBIT "A" Page 6 of 23 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet field Book Field 2 of 2 o Z ; W Computed BK Drawing Work Order -' u No. No. ° Checked HD 99 -0093 = Ll • r� I< Q m 10 Z Of a m Iw .n 0 N N m IV) POINT OF BEGINNING NORTH LINE NOt'37'55 "E 10.00SO1'37'05 "W 0.79' S88'22'05" E 140.00I (O.R.B. 1660, PAGE 816I 26.94'- I I � 0 w z m LC) of V) W o U -I Z C) w x a to D_ m Zw U a' O Q LL V 0 0 t/1 t0 to Z of O od O_ z o — — —T — 1 I 1 I S01'37'55 "W X00 13.14' 106 1� 1 I 1-j F- z I. O �w IM IC, ww Id ZN 1« J Q w Oc V, 1 UU J Z LJ a I \ 1 F- Z W W to I I� I� I I� IW 1' IN � 1-00 I I� Ico ILn I 1 I 1 I I I I I 30'� NORTH LINE 10' ACCESS & UTILITY EASEMENT I I� 1 I I I 11 00 � I 1 Iw - I I Iii I 1� I IN I IN 10) 100 IZ 1 I l 1 I I BEARING BASE: - - - - - -- - THE CENTERLINE OF LILAC STREET IS TAKEN TO BEAR I SOUTH 88'22'05" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. i M DO L0 O N N DO Z NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 42 SOUTH. RANGE 42 EAST. LEGEND: - DENOTES CENTERLINE O.R.B. - DENOTES OFFICIAL RECORDS BOOK EXHIBIT "A" -- - - - - - - - -. Page .7 of 23 NO1'33'35 "E 8.01' THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BWS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH OV TTHHE PhUI/ /LT RE ORDS HAS BEEN MADE BY THIS OFFICE. 0. HOWARD DUKES. PR7FE�510NAL SURVEYOR & MAPPER STATE CF FLORIDA NG. 4533. L.B.F.H. CERTIFICATE NO. LB 959 _INDAHL. BROWNING, FERRARI do HELLSTROM, INC Scale CONSULTING ENCINEERS, SURVEYORS & MAPPERS — 1 " =50' Fielc ]550 S.W. CORPORATE PARKWAY ORIDA 3499 REVISIONS: /15/99- CORRECT SPELLING ERROR ON SHEET 2 OF 2, BY: J.A.W. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet Field Book 1 Of 2 o PALM CITY, FL O w (561) 286 -3893 FAX: (561) 286 -3925 Date Computed BK Growing Work Order -� 0 En"T P11R- - 111 -nFE 4/28/99 Checked HD o. No. 99 -0093 = I Q� w _ `r I �M W v M W Q N }� F- mI�W L1. I _JW F W I Q �O_ �loa 1 C) Cd U O O] I U m Q J `D � I D- J r!, o 1 0 o I I� I� I I� IW 1' IN � 1-00 I I� Ico ILn I 1 I 1 I I I I I 30'� NORTH LINE 10' ACCESS & UTILITY EASEMENT I I� 1 I I I 11 00 � I 1 Iw - I I Iii I 1� I IN I IN 10) 100 IZ 1 I l 1 I I BEARING BASE: - - - - - -- - THE CENTERLINE OF LILAC STREET IS TAKEN TO BEAR I SOUTH 88'22'05" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. i M DO L0 O N N DO Z NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 12, TOWNSHIP 42 SOUTH. RANGE 42 EAST. LEGEND: - DENOTES CENTERLINE O.R.B. - DENOTES OFFICIAL RECORDS BOOK EXHIBIT "A" -- - - - - - - - -. Page .7 of 23 NO1'33'35 "E 8.01' THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BWS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH OV TTHHE PhUI/ /LT RE ORDS HAS BEEN MADE BY THIS OFFICE. 0. HOWARD DUKES. PR7FE�510NAL SURVEYOR & MAPPER STATE CF FLORIDA NG. 4533. L.B.F.H. CERTIFICATE NO. LB 959 _INDAHL. BROWNING, FERRARI do HELLSTROM, INC Scale CONSULTING ENCINEERS, SURVEYORS & MAPPERS — 1 " =50' Fielc ]550 S.W. CORPORATE PARKWAY ORIDA 3499 REVISIONS: /15/99- CORRECT SPELLING ERROR ON SHEET 2 OF 2, BY: J.A.W. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet Field Book 1 Of 2 o PALM CITY, FL O w (561) 286 -3893 FAX: (561) 286 -3925 Date Computed BK Growing Work Order -� 0 En"T P11R- - 111 -nFE 4/28/99 Checked HD o. No. 99 -0093 = 0 LEGAL DESCRIPTION: El • A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1660, PAGE 816, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED NORTH 88'22'05" WEST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 26.94 FEET; THENCE NORTH 01'37'55" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN 10 FOOT ACCESS AND UTILITY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 6618, PAGE 534, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE ALONG SAID NORTH LINE FOR THE FOLLOWING FIVE (5) COURSES; SOUTH 88'22'05" EAST, A DISTANCE OF 140.00 FEET; THENCE SOUTH 01'37'55" WEST, A DISTANCE OF 13.14 FEET; THENCE NORTH 88'49'30" EAST, A DISTANCE OF 118.81 FEET; THENCE SOUTH 85'38'28" EAST, A DISTANCE OF 146.13 FEET; THENCE NORTH 89'22'14" EAST, A DISTANCE OF 178.61 FEET; THENCE NORTH 01'33'35" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 8.01 FEET; THENCE NORTH 88' 22'05" WEST, A DISTANCE OF 583.10 FEET; THENCE SOUTH 01'37'55" WEST, A DISTANCE OF 0.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 5,167 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. .INDAHL, BROWNING, FERRARI & HELLSTROM, INC SCOle CONSULTING ENGINEERS. SURVEYORS k MAPPERS NA 3550 S.W. CORPORATE PARKWAY PALM CITY. FLORIDA 34990 Dote (561) 266 -3883 FAX: (561) 286 -3925 WF�T PAiu RFA(:H Puu CITY FORT PIERCE OKEECHOSEE 4/28/99 EXHIBIT "A" Page 8 of 23 REVISIONS: 7/15/99- CORRECT SPELLING ERROR ON SHEET 2 OF 2, BY: J.A.W. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT Sheet I Field Book Field 2 Of 2 Computed 13K Drowing No, Checked HD Pg ' oz a W � Work Order °p No. 99 -0093 °o • • Fm z� w0 Mm w w Za-------------------------------- w m lri In - -. - __ _ cm) O M o ° � N U _(100' RIGHT-OF--WY) _ o SEE DETAIL "A" LL w w (O.R.B. 1179, PAGE 259) In w w 0 U< /(SHEET 2 OF 2 Z ¢ 10' ACCESS &UTILITY EASEMENT /SH ( ) to 10 1- ILI (O.R.B. 6618, PAGE 5347:' 7 - - - O z woo - -- ------ --- ---- - - - - - -- ____ ____ 0- �� ( i - S88- 22'OS'E 25.00'------------ - -- - -- ----- - - - --T , -- --------- - - - -_- --F 00 o ' POINT OF BEGINNING N88*41'31 "W 12.50' I ' DD z i POINT OF BEGINNING - i i POINT OF COMMENCE�vIENT N S88'22'05 "E 25.00' RR 588'41'31 "E 58.64' i I 1REFERENCE POINT "D" PE O.R.B ,6618, PACE 534 w I N01'18'29 "E 58.35' -1 - i S88'41'31 "E 25.00' N01'18'29 "E 50.00' - -- SO1'18'29 "W 25.00'1 a o ; S01'37'55 "W 50.00' J J m i u 2 r N ni w LL J 0 U U O Z O Z 0 Z O w w m N U- 00 O M � ~ O N Z Z 0 DO to \ O DO /� N Z zcl� a wo M w w U � a n Z: n wU- M 0 Z Upr1 am LL w w Z E wa z0� Lied Owe auto o , u-i 1 1 N I I w I I in I N I to 1 I I o Z 11 I 1 I N88'41'31 "W 50.0 'N88.22'05 "W 50.00' UTILITY EASEMENT UTILITY EASEMENT (O.R.B. 6618, PAGE 534) (O.R.B. 6618, PAGE 534) (O.R.B. 10142, PAGE 1571) PARCELS LYING IN SECTION 12/42/42 1 Z I a. Of J Jwa I~ a� l�Z 1 w U g a� I 1 J a I _ 10' ACCESS & UTILITY EASEMENT 1 J Or! L-;�(O.R.B. 6618, PAGE 534) III ~ I 1 1 II I 588'22'05 "E 50.00' 1 I I 1 I 10' ACCESS & UTILITY EASEMENT I L -SO1'37'55 "W 50.00' (O.R.B. 6618, PAGE 534) _- .--------- - - - - -1 d ----'--------------- 88'22'05 "W 25.00' N01'37'55 "E 30.00-1 1 TILiTY EASEMENT - (O.R.B. 6618, PAGE 534) - - . LILAC _-OF STREET _ S88'2205- E - (60' RIGHT -WAY) (BEARING - BASE) - - - - O.R.B. 1179, PACE 254 rn EXHIBIT "A" Page 9 of 23 LEGEND: O.R.B.- DENOTES OFFICIAL RECORDS BOOK P.B. - DENOTES PLAT BOOK - DENOTES CENTERLINE THIS IS NOT A SURVEY REVISIONS: //15/99- CORRECT SPELLING ERROR ON SHEET 2 OF 2, BY: J.A.W. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITES Sheet P F' 1 Of 2 R E BK Drawing Work Order !L HD No. No. 99 -0093 � BEARING BASE: THE CENTERLINE OF LILAC STREET IS TAKEN TO BEAR SOUTH 88'22'05" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2, NO SEARCH 01 THQll� EC ORDS HAS BEEN MADE BY THIS OFFICE, 0. HHOOWARD DUKES, PIi01 "ESSIONAL SURVEYOR & MAPPER STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scale CONSULTING ENGIMEERS, SURVEYORS & MAPPERS 1 " =100' Field 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 Dote Computed (561) 286 -3883 FAX: (561) 286 -3925 WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/13/99 Checked LEGEND: O.R.B.- DENOTES OFFICIAL RECORDS BOOK P.B. - DENOTES PLAT BOOK - DENOTES CENTERLINE THIS IS NOT A SURVEY REVISIONS: //15/99- CORRECT SPELLING ERROR ON SHEET 2 OF 2, BY: J.A.W. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITES Sheet P F' 1 Of 2 R E BK Drawing Work Order !L HD No. No. 99 -0093 � • • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES, LYING IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT REFERENCE POINT "B ", AS SHOWN ON UTILITY EASEMENT GRANTED TO SEACOAST UTILITY AUTHORITY, AS RECORDED IN OFFICIAL RECORDS BOOK 6618, PAGE 534, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED SOUTH 88'22'05" EAST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 88'22'05" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 01'37'55" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 88'22'05" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 01'37'55" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 88'22'05" EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 01'37'55" EAST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCE AT REFERENCE POINT "C ", AS SHOWN ON SAID UTILITY EASEMENT GRANTED TO SEACOAST UTILITY AUTHORITY; THENCE NORTH 01'37'55" EAST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 01'37'55" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 88'22'05" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 01'37 "55" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 88'22'05" WEST DISTANCE OF 25.00 FEET; THENCE NORTH 01'37'55" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 88'22'05" WEST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCE AT REFERENCE POINT "D ", AS SHOWN ON SAID UTILITY EASEMENT GRANTED TO SEACOAST UTILITY AUTHORITY; THENCE NORTH 88'41'31" WEST, A DISTANCE OF 12.50 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE SOUTH 01'18'29" WEST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 88'41'31" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 01'18'29" WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 88'41'31" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 01'18'29" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 88'41'31" EAST, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. I I 5 5' I I I 1 1 I I N88'41'31 "W 12.50' (CENTERLINE 10' EASEMENT) POINT OF BEGINNING ; I I I I I i POINT OF COMMENCEMENT REFERENCE POINT "D" PER O.R.B. 6618, PAGE 534 EXHIBIT "A" DETAIL "A" Page 10 of 23 NOT TO SCALE LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scole CONSULTING ENGINEERS, SURVEYORS k MAPPERS NA Field 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 pate (561) 286 -3883 FAX: (561) 286 -3925 wFIT Pei u —Al. PAI U rITY FORT PIERCE OKEECH08EE 4/ 1 3/99 REVISIONS: 7 PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITES Sheet I Field Book 2 of 2 I pg Computed BK Growing I Work Order Checked HD No. No. 99_0093 °z W ul _J Y <L .n N • • • J �o Z z IIn zZ 0 w zma 0 p o0 W rIn O O Ci M z to to C5 1L- 0a Di LEI WO/ - �iv w 2 W o In N F- 3 0p Z Xw M n No0 -zaZ Do Z (n "1 1 T--I — — — — — — — -- � A-- — — — — — — — — — I ------------------ S88'28'49 "E 300o, I I I�---I L--------------i/NO1*33'11"E I ------- - - - - ----------------- I I I I 50.00' I 1 I I I I 1 I I I I I I II II 1 I L2 0 z Z z �w a C) 0 O0 O O uj m z m 3 LL- a m 3 O F N O _ M F- w� M M Z a M N za U) ,1S88'28'49" .4 20.00' 1 I I I I 10' UTILITY EASEMENT (O.R.B. 5880, PAGE 1697) $01'33'11" I N88'28'49 "W 50.00' 30.00' 20'X20' UTILITY EASEMENT I I (O.R.B. 6618, PAGE 530) I I N01'31'52 "E 50.00' \ 20'X30' UTILITY EASEMENT" N01'31'S2"E (O.R.B. 6618, PAGE 530) 30.00' N88'28'OS "W 50.00' N88'28'08 "W 50.00' I w w ED ED of"f Z m ;r I 0 z. `- 20'X20' UTILITY EASEMENT 501'31'52 "W/ (O�R.B� — 6618, PAGE 530) 30.00 — — — ` I --- �,'� - - -- -- - — — — BEARING BASE: EXHIBIT "A" THE EAST LINE OF THE SOUTHEAST QUARTER (S.E. 1/4) OF Page 11 of 23 SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST IS TAKEN SO WN BEAR NORTH 01'35'11" EAST AND HEREON ARE RELATIVE THERETO. L OTHER BEARINGS THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH�F�TjHE/ PIJB .. R S liAS BEEN MADE BY THIS OFFICE. 0. HOWARD DUKES, PROFESSIO SURVEYOR & MAPPER STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 INDAHL, BROWNING, FERRARI ac HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS Field 3550 S.W. CORPORATE PARKWAY PALM CITY. FLORIDA 34990 Dote Computed (561) 286 -3883 FAX: (561) 286 -3925 0 W-T PAIM RFAC14 PAIN CITY FORT PIERCE OKEECHOBEE 4/28/99 Checked REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITES Sheet Fie ok 1 Of 2 Pg oz ; w °• BK Drowing Work Order t No. No. HD 99 -0093 00 Z C 7 z IF) I I Z �� I I Z ma I I I I oo _ Oom000 mzGlr -o II 3 0. o r7 !n O In 0 (V w I I { 10' UTILITY EASEMENT '� F- Z w «) DO -w M p0 S88'i28'08 "E 30.00' (O.R.B. 5880, PACE 1697) o O o0 n EV S88'28'08 "E 20.00' a `^ a N Do I I- L------ - - - - -- A - - - -- ------- - - - - -• --------------------- I- —SO1*31'52"W 50.00' -- N01'31'52 "E 50.00' \ 20'X30' UTILITY EASEMENT" N01'31'S2"E (O.R.B. 6618, PAGE 530) 30.00' N88'28'OS "W 50.00' N88'28'08 "W 50.00' I w w ED ED of"f Z m ;r I 0 z. `- 20'X20' UTILITY EASEMENT 501'31'52 "W/ (O�R.B� — 6618, PAGE 530) 30.00 — — — ` I --- �,'� - - -- -- - — — — BEARING BASE: EXHIBIT "A" THE EAST LINE OF THE SOUTHEAST QUARTER (S.E. 1/4) OF Page 11 of 23 SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST IS TAKEN SO WN BEAR NORTH 01'35'11" EAST AND HEREON ARE RELATIVE THERETO. L OTHER BEARINGS THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. NO SEARCH�F�TjHE/ PIJB .. R S liAS BEEN MADE BY THIS OFFICE. 0. HOWARD DUKES, PROFESSIO SURVEYOR & MAPPER STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 INDAHL, BROWNING, FERRARI ac HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS & MAPPERS Field 3550 S.W. CORPORATE PARKWAY PALM CITY. FLORIDA 34990 Dote Computed (561) 286 -3883 FAX: (561) 286 -3925 0 W-T PAIM RFAC14 PAIN CITY FORT PIERCE OKEECHOBEE 4/28/99 Checked REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITES Sheet Fie ok 1 Of 2 Pg oz ; w °• BK Drowing Work Order t No. No. HD 99 -0093 • LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THAT CERTAIN NORTHEAST POINT OF BEGINNING AS SHOWN ON OFFICIAL RECORDS BOOK 6618, PAGE 530, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED SOUTH 01'33'11" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 88'28'49" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01'33'11" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 88'28'49" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 01'33'11" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 88'28'49" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 01' 33'11" WEST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,100 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. TOGETHER WITH: BEGIN AT THAT CERTAIN SOUTHEAST POINT OF BEGINNING AS SHOWN ON SAID OFFICIAL RECORDS BOOK 6618, PAGE 530, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED SOUTH 01'31'52" WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 88'28'08" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 01' 31'52" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 88'28'08" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 01'31'52" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 88'28'08" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01'31'52" WEST, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1,900 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. TOGETHER WITH: BEGIN AT THAT CERTAIN SOUTHWEST POINT OF BEGINNING AS SHOWN ON SAID OFFICIAL RECORDS BOOK 6618, PAGE 530, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED NORTH 01'31'52" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 88'28'08" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 01' 31'52" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 88'28'08" WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 01'31'52" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 88'28'08" EAST, A DISTANCE OF 20.00 FEET; THENCE NORTH 01'31'52" EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,100 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. CONTAINING IN ALL, 5,900 SQUARE FEET OR 0.14 ACRES, MORE OR LESS. EXHIBIT "A" Page 12 of 23 �LINDAHL. BROWNING. FERRARI Ac HELLSTROM. INC 1 Scole CONSULTING ENGINEERS. SURVEYORS h MAPPERS NA Field I 3550 S.W. CORPORATE PARKWAY PALM CITY. FLORIDA 34990 �Ot6 (561) 286 -3883 FAX: (561) 296 -3925 wrCr PA- A-- VA,M CITY FORT PIERCE OKEECIIOREE 4�28�99 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITES Sheet I Field Book Computed 8K T Checked HD 2 O( 2 Pg z C w � Growing Work Order -' tL r No. No. 99_0093 • • • I I it I I _J Q } 3 I I >- 0 I r < I- I io ►0 I I w z J } Q 3 I 0 I r x 0 Or r � I a 41 I I I I I 53' I I 0 n _ BURNS ROAD _ (60' RIGHT -OF -WAY) S88'29'38 "E (BEARING BASE) SOUTH RIGHT -OF -WAY LINE 588'29'38 "E A339.34' - - - \/ - - -�— - I I POINT OF COMMENCEMENT INTERSECTION OF THE WEST RIGHT -OF -WAY LINE I OF MILITARY TRAIL AND THE SOUTH RIGHT -OF -WAY I LINE OF BURNS ROAD I I 31 - ,-lb C Nil ) K) C14 to $I I 1 POINT OF BEGINNING I I I I. . I _ S88'29'38 "E 50.00' O O In 7 W N ' O V) 17 O 25.00' M ° N88'29'38 "W ° 3 z 0� O n CD N � 25.00' V N88'29'38 "W NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST LEGEND: CL – DENOTES CENTERLINE O.R.B. – DENOTES OFFICIAL RECORDS BOOK EXHIBIT "A" BEARING BASE: Page 13 of 23 THE CENTERLINE OF BURNS ROAD IS TAKEN TO BEAR SOUTH 88'29'38" EAST, AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT V REVISIONS: 2. NO SEARCH FyF TIIC PUB EC HAS BEEN MADE BY THIS OFFICE. PROJECT NAME: l SKETCH AND LEGAL DESCRIPTION FOR: 0. 110 ARD DUKES. PROFESSIONAL SURVEYOR do MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 WELL SITE LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scale Sheet Field Book CONSULTING EttCINEERS, SURVEYORS k MAPPERS 1 " =20' Field 1 Of 2 O 3550 S.W. CORPORATE PARKWAY P9 z R:, PALM CITY FLORIDA 34990 W O (561) 286 -3881 FAX: (561) 286 -3925 Date Computed BK Drowir19 Work Order _ u o WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 Checked HD No. No. 99 -0093 = 0 1 LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES, LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 114) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE EAST RIGHT —OF —WAY LINE OF MILITARY TRAIL (A 106 FOOT RIGHT —OF —WAY) AND THE SOUTH RIGHT —OF —WAY LINE OF BURNS ROAD (A 60 FOOT RIGHT —OF —WAY); PROCEED SOUTH 88'29'38" EAST, ALONG SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 339.34 FEET; THENCE SOUTH 01'33'11" WEST, DEPARTING SAID SOUTH RIGHT —OF —WAY LINE, A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 01'33'11" WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 88'29'38" WEST, A- DISTANCE OF 25.00 FEET; THENCE SOUTH 01' 33'11" WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 88'29'38" WEST, A DISTANCE OF 25.00 FEET; THENCE NORTH 01'33'11" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 88'29'38" EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1,875 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. EXHIBIT "A" Page 14 of 23 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITE LINDAHL, BROWNING. FERRARI & HELLSTROM, INC Scale Sheet Fi CONSULTING ENGINEERS. SURVEYORS k MAPPERS NA Field 2 Of 2 P Z 3550 S.W. CORPORATE PARKWAY PALM CITY. FLORIDA 34990 J O (561) 286 -3883 FAX: (561) 286 -3925 Date Computed BK Crowing Work Order WEST PALM BEACH PALM CRY FORT PIERCE OKEECHOBEE 4/28/99 Checked HD No. No. 99_0093 • • 0 r O.R.B. 659, PAGE 714 r r SOUTH LINE O.R.B. 659, PAGE 714 1 - - - / - r POINT OF BEGINNING �( S88'40'03 "E 50.00' W N I C N N TlO z 50.00' N88'40'03 "W NOTE: PARCEL LIES WITHIN THE SOUTHEAST 1/4, SECTION 18. TOWNSHIP 42 SOUTH, RANGE 43 EAST INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF THE CENTRAL & SOUTHERN FLOOD CONTROL DISTRICT C -17 CANAL AND THE SOUTH LINE OF THAT CERTAIN PARCEL DESCRIBED IN O.R.B. 659, PAGE 714. �W LEGEND: Nm Nz of DENOTES CENTERLINE N �m W ti O DENOTES OFFICIAL RECORDS BOOK J � O O THE WESTERLY RIGHT —OF —WAY LINE OF CENTRAL EXHIBIT "A" & SOUTHERN FLOOD CONTROL DISTRICT C -17 O Z r U Q r � U / r-1 ZO r C) I r U k---- WESTERLY RIGHT —OF —WAY LINE LEGEND: — DENOTES CENTERLINE O.R.B. — DENOTES OFFICIAL RECORDS BOOK BEARING BASE: THE WESTERLY RIGHT —OF —WAY LINE OF CENTRAL EXHIBIT "A" & SOUTHERN FLOOD CONTROL DISTRICT C -17 Page 15 of 23 CANAL IS TAKEN TO BEAR SOUTH 12'26'29" WEST, AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. REVISIONS: 2. NO SHAS BEEN MADE BY THIS OFFICE. PROJECT NAME: � SKETCH AND LEG AL DESCRIPTION FOR: O. HOWARD DUK£S, POFESSIONAI SURVEYOR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FLORIDA NO. 4533. L.B.F.H. CERTIFICATE NO. LB 959 WELL SITE LINDAHL. BROWNING, FERRARI & HELLSTROM, INC Scale Sheet Field Book CONSULTING ENGINEERS. SURVEYORS & MAPPERS 1 " =20' Field 1 of 2 O C 3550 S.W. CORPORATE PARKWAY Z PALM CITY, FLORIDA 34990 Date Computed BK Drawing Work Order J o (561) 286 -3883 FAX: (561) 286 -3925 No. No. u WEST PALM REACT / PAW CITY FORT PIERCE OKEECITOBEE 4/28/99 Checked HO 99- 0093 '-` • I] LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY LINE OF THE CENTRAL & SOUTHERN FLOOD CONTROL DISTRICT C -17 CANAL AND THE SOUTH LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 659, PAGE 714, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROCEED SOUTH 12'26'29" WEST, ALONG SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 50.00 FEET; THENCE NORTH 88'40'03" WEST, DEPARTING SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 50.00 FEET; THENCE NORTH 12'26'29" EAST, A DISTANCE OF 50.00 FEET TO A POINT ON SAID SOUTH LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 659, PAGE 714; THENCE SOUTH 88'40'03" EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,500 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. I EXHIBIT "A" Page 16 of 23 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITE LINDAHL, BROWNING, FERRARI & HELLSTROM. INC Scale Sheet Field Book CONSULTING ENGINEERS. SURVEYORS & MAPPERS NA field 2 of 2 O 3 3550 S.W. CORPORATE PARKWAY P9 Z a PALM CITY, FLORIDA 34990 J t o Date Computed BI( Growing Work Order (561) 286 -3883 FAX: (561) 286 -3925 No. No. U- Checkeo HD WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOOEE 4/28/99 99- 0093 -15 • • • NORTH LINE S.E. 1/4 SECTION 8/42/43 r1 EXHIBIT "A" POINT OF COMMENCEMENT O ; Page 17 of 23 NORTHEAST CORNER OF THE SOUTHWEST I QUARTER (S.W. 1/4) SECTION 8/42/43 I w I I � I Co I REVISIONS: - EAST LINE OF THE S.W. 1/4 SECTION 8/42/43 ----'1 1 2. NO SEAPCH /F THE P:1 1 EC S HAS BEEN MADE BY THIS OFFICE. 25' I +' I O.- HOGIARD DUKES, PROFESSIC14At MURVEYOR & MAPPER NOTE: PARCEL LIES WITHIN THE SOUTH 1/2 OF SECTION I 1 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST I I Q i Q WEST RIGHT -OF -WAY LINE I wIO I a CIO lb 13 I`~ ZI(� 2 IN i�l IM Q aWjIN Field r1 i i N 0 1 O LL_ --- .1L - -- - �ALLAMANDA__DRIVE. ST IN 3550 S.W. CORPORATE PARKWAY In -- —EA (ROAD PLAT BOOK 7, PAGE 52) Date n OF TERMINUS i BI( I LL (POINT I WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 - - -- No. 99 -0093 (n 10 C - -- s I / S87'- 48'28"E 74.10' -A�, I NORTH LINE PARCEL NO. 2 I ,SJ I NO2'06'10 "E 27.00'— �' OAf � °9e � '5t'o9 "E 3.41' LL S42'51'09 "E 121.23' N87'48'28 "W 92.00'/ CENTERLINE 12' UTILITY EASEMENT P A R C E L N 0. 2 (O.R.B. 6635, PAGE 675) NO2'06'10 "E 65.62' - - - - - -- ---- - - - - -SOUTH LINE PARCEL NO. 2� POINT OF BEGINNIN LEGEND: - DENOTES CENTERLINE O.R.B. - DENOTES OFFICIAL RECORDS BOOK N8816'14 "W 21.00' EXHIBIT "A" BEARING BASE: Page 17 of 23 THE CENTERLINE OF PROSPERITY FARMS ROAD IS TAKEN TO BEAR SOUTH 02'06'10" WEST, AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THIS IS NOT A SURVEY SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL REVISIONS: - PURPOSES ONLY AND IS NOT V D. 2. NO SEAPCH /F THE P:1 1 EC S HAS BEEN MADE BY THIS OFFICE. PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: O.- HOGIARD DUKES, PROFESSIC14At MURVEYOR & MAPPER SEACOAST UTILITY AUTHORITY STATE OF FI.ORIDA NO. 4533, L.S.F.H. CERTIFICATE NO. LS 959 UTILITY EASEMENT LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scale Sheet Field Book CONSULTING ENGINEERS, SURVEYORS k MAPPERS 1 " =40' Field 1 Of 2 P ci Z ; 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 31990 (561) 286 -3883 FAX: (561) 286 -3925 J Date Computed BI( Drowing Work Order WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 4/28/99 No. No. 99 -0093 ti o � , Checked HD EXHIBIT "A" Page 18 of 23 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT LINDAHL, BROWNING, FERRARI do HELLSTROM, INC Scale Sheet Fi CONSULTING ENGINEERS. SURVEYORS & MAPPERS NA Field 2 Of 2 O 3550 S.W. CORPORATE PARKWAY P Z 3 PALM CITY. FLORIDA 34990 W (561) 286 -3883 FAX: (561) 286 -3925 Date Computed BK Drawing Work Order � o I 4/28/99 No. _ WEST PALM BEAC14 PALM CITY FORT PIERCE DKEECIIOOEE Checked HD NO' 99 -0093 LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES BEING 12.00 FEET IN WIDTH, LYING IN THE SOUTH ONE —HALF (S. 1/2) OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THE CENTERLINE OF SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 8; PROCEED SOUTH 88'16'14" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SAID SECTION 8, A DISTANCE OF 25.00 FEET TO A POINT ON THE WEST RIGHT —OF —WAY LINE OF PROSPERITY FARMS ROAD (AS LAID OUT AND IN USE); SAID RIGHT —OF —WAY LINE BEING PARALLEL WITH AND 25.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID SOUTHWEST QUARTER (S.W. 1/4) OF SECTION 8; THENCE SOUTH 02'000" WEST, ALONG SAID WEST RIGHT —OF —WAY LINE, A DISTANCE OF 312.25 FEET TO THE SOUTHEAST CORNER OF PARCEL NO. 2, AS DESCRIBED IN OFFICIAL RECORDS BOOK 6635, PAGE 675, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88'16'14" WEST, ALONG THE SOUTH LINE OF SAID PARCEL NO. 2, A DISTANCE OF 21.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE DEPARTING SAID SOUTH LINE, NORTH 02'06'10" EAST, ALONG A LINE BEING PARALLEL WITH AND 21.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO SAID WEST RIGHT —OF —WAY LINE OF PROSPERITY FARMS ROAD, A DISTANCE OF 65.62 FEET; THENCE. NORTH 87'48'28" WEST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 92.00 FEET; THENCE NORTH 02'06'10" EAST, A DISTANCE OF 27.00 FEET TO THE POINT OF TERMINUS. BEING BOUNDED ON THE NORTH BY THE SOUTH RIGHT —OF —WAY LINE OF ALLAMANDA DRIVE EAST, AS SHOWN ON ROAD PLAT BOOK 7, PAGE 52, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING BOUNDED ON THE SOUTH BY SAID SOUTH LINE OF PARCEL NO. 2. ALSO, LESS AND EXCEPT THE RIGHT —OF —WAY OF SAID ALLAMANDA DRIVE EAST. SAID PARCEL CONTAINING 2,219 SQUARE FEET OR 0.05 ACRES, MORE OR LESS. EXHIBIT "A" Page 18 of 23 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY UTILITY EASEMENT LINDAHL, BROWNING, FERRARI do HELLSTROM, INC Scale Sheet Fi CONSULTING ENGINEERS. SURVEYORS & MAPPERS NA Field 2 Of 2 O 3550 S.W. CORPORATE PARKWAY P Z 3 PALM CITY. FLORIDA 34990 W (561) 286 -3883 FAX: (561) 286 -3925 Date Computed BK Drawing Work Order � o I 4/28/99 No. _ WEST PALM BEAC14 PALM CITY FORT PIERCE DKEECIIOOEE Checked HD NO' 99 -0093 f t - SEACOAST UTILITY AUTHORITY EASEMENT -------- -_ - -_� -- �20� -- -(ORB 9111, PAGE 1830 - -- NORTHERN PALM BEACH COUNTY WATER CONTROL _ _ S88'41'1 1 E DISTRICT EASEMENT (ORB 2914, PAGE 670) 25' DRAINAGE I � �� ►�� + - - EASEMENT (P) _ ', 12' EASEMEN I- NORTH LINE OF TRACT LOT 17 - �'.� SECTION 1/42/42 I LOT 1 _ I "A" r) I BLOCK 32 I AND NORTH LINE BLOCK 33 In r) OF PLAT 4 I -I rA 12' DRAINAGE I n EASEMENT (P) LOT 2 rA 8' PROPOSED BLOCK 33 I I — rA WATER —MAIN �9, 1� _ r� EASEMENT So _�— I� /W LINE - INE �I - - C LINDEN AVENUE DESCRIPTION THE WEST 8.00 FEET OF THE EAST 20 -00 FEET OF TRACT "A ", PLAT NO. 4, CITY OF PALM BEACH LEGEND GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27, PAGES 4, 5 (P) = PLAT. AND 6, OF THE PUBLIC RECORDS OF PALM (C) = CALCULATED. BEACH COUNTY, FLORIDA. EASEMENT O.R.B. = OFFICIAL RECORDS BOOK. CONTAINING 1,080 SQUARE FEET, MORE OR LESS. R/W = RIGHT —OF —WAY. = CENTERLINE. SURVEYOR'S NOTES 1) THIS IS NOT A SURVEY. a: 2) BEARINGS ARE BASED ON THE NORTH LINE 0 OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE Z 42 EAST, PALM BEACH COUNTY, TAKEN TO BEAR SOUTH 88'41'11" EAST AND ALL OTHER BEARING SHOWN HEREON ARE RELATIVE THERETO. EXHIBIT "A" Page 19 of 23 SURVEYOR AND MAPPER'S SIGNATURE DESCRIPTION SKETCH 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF H FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FCR tNFORIv TIC'wAL PURPOSES Y AND IS NOT VALID. REVISIONS: 2. NO SEA 0 THZPUG C C DS HAS BEEN MADE BY THIS OFFICE. PROJECT NAME: SEACOAST UTILITIES PLAT 4 - TRACT OR JOH E OFwFLORIDA PNO. 5157, L- B.F.HVECEERTIFIC MAPPER LB 959 WATER -MAIN EASEMENT AHL, BROWNING, FERRARI & HELLSTROM, INC Scale Sheet Field Book CONSULTING ENGINEERS, SURVEYORS do MAPPERS 1 =rJQ' Field N/A 1 Of 1 N/A Z 3 3550 S.W. CORPORATE PARKWAY Pg. N/A O PALM CITY, FLORIDA 34990 -8149 Date Computed �fC Drawing Project NO (561) 286 -3883 FAX: (561) 286 -3925 . .' WEST PALM BEACH PALM CITY FORT PIERCE OKEECHOBEE 09/29/99 Checked JW No. 88 -02 • Pi LEGAL DESCRIPTION: AN EASEMENT FOR UTILITY PURPOSES, LYING OVER AND ACROSS A PORTION OF THE RECREATION AREA, AS RECORDED IN OFFICIAL RECORDS BOOK 3475, PAGE 1274, AND LYING OVER AND ACROSS A PORTION OF PARCELS 1 AND 2, AS RECORDED IN OFFICIAL RECORDS BOOK 3171, PAGE 1454, ALL IN PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEGIN AT THE NORTHWEST CORNER OF SAID RECREATION AREA; THENCE NORTH 88'22'54" WEST, ALONG THE SOUTH LINE OF SAID PARCELS 1 AND 2, A DISTANCE OF 33.78 FEET TO A LINE BEING PARALLEL WITH AND 6.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID PARCEL 1; THENCE DEPARTING SAID SOUTH LINE, NORTH 01'33'24" EAST, ALONG SAID PARALLEL. LINE, A DISTANCE OF 150.00 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF LILAC STREET, AS RECORDED IN OFFICIAL RECORDS BOOK 1179, PAGE 254, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING SAID PARALLEL LINE, SOUTH 88'26'36" EAST, ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 12.00 FEET TO A LINE BEING PARALLEL WITH AND 6.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO SAID WEST LINE OF PARCEL 1; THENCE DEPARTING SAID SOUTH RIGHT -OF -WAY LINE, SOUTH 01'33'24" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 138.01 FEET; THENCE SOUTH 88'22'06" EAST; DEPARTING SAID PARALLEL LINE, A DISTANCE OF 33.78 FEET; THENCE SOUTH 01'33'24" WEST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 106.98 FEET; THENCE NORTH 88'26'36" WEST, A DISTANCE OF 12.00 FEET TO THE WEST LINE OF SAID RECREATION AREA; THENCE NORTH 01'33'24" EAST, ALONG SAID WEST LINE, A DISTANCE OF 95.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 3,345 SQUARE FEET, MORE OR LESS. CD 2001 LBFH Inc. SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA JCENSED SURVEYOR ANO MAPP RI THIS MAP /REPORT I$ FOR INFORMATIONAL 'URPOSES 0 1 Y AND IS No- 2. NO SEARC OF THE P C XtE RDS HAS BEEN MADE BY THIS OFFICE. �WARD DUKES. PROFESSIONAL SURVEYOR do MAPPER OF FLORIDA NO. 4533FLORIDA NO. 4533 CONSULTING CIVIL ENGINEERS. SURVEYORS do MAPPERS &M "Partners For Results. INC. Value By Design' 3550 S.W. Corporate Parkway. Palm City, Florida 34990 (561) 286 -3883 Fox: (561) 286 -3925 BPR do FBPE License No: 959 www.Ibfh.com EXHIBIT "A" Page 20 of THIS IS NOT A SURVEY PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY 12' RAW WATER MAIN EASEMENT Scale: N/A REVISIONS: Sheet 1 Of 2 Field Book: N/A Page: N/A Fiel Computed: BK Date FILE NO. Pro Checked: HD 2 -20 -01 exh- 01.dwg i i r _ LILAC _STREET _ (OFFICIAL RECORDS BOOK 1179, PAGE 254) �S88'26'36 "E 12.00' 6' 6' SOUTH RIGHT -OF -WAY LINE 1---WEST LINE PARCEL 1 O p O LEGEND: to � CL- CENTERLINE Li I d- N I N O O Z to I P A R C E L 2 I (OFFICIAL_ RECORDS BOOK 3171, I PAGE 1454) I SOUTH LINE I - PARCEL 2� I N88'22'54 "W 33.78' POINT OF BEGINNING / NORTHWEST CORNER RECREATION AREA OFFICIAL RECORDS BOOK 3475, PAGE 1274 a w a- Q J a_ Z SEARING BASE: fHE NORTH LINE OF THE RECREATION AREA, AS 2ECORDED IN OFFICIAL RECORDS BOOK 3475,. 'AGE 1274, PUBLIC RECORDS OF PALM BEACH :OUNTY, FLORIDA IS TAKEN TO BEAR SOUTH jWkW2 06" EAST, AND ALL OTHER BEARINGS JWN HEREON ARE RELATIVE THERETO. Q O o rn w W o' d- w N o! M W M Z J O h- Z N W P A R C E L 1 (OFFICIAL RECORDS BOOK 3171, PAGE 1454 S88'22'06 "E 33.78' SOUTH LINE PARCEL 1 I (BEARING BASE) S88'22'06 "E 00 0) O :t N M r� 0 1n x NORTH LINE RECREATION AREA R E C R E A T 1 0 N A R E A (OFFICIAL RECORDS BOOK 3475, PAGE 1274) N88'26'36 "W 12.00' EXHIBIT "A" Page 21 of 23 THIS IS NOT A SURVEY Llb:Lrp CO "PNSULTING CIVIL ENGINEERS, Scale: 1 " =30' SEACOAST UTILITY AUTHORITY 127 RAW WATER MAIN EASEMENT SURVEYORS do MAPPERS artners For Results. Sheet 2 Of 2 Field Book: NSA Page: N/A Fiel . N A C. Value By Design" 3550 S.W. Corporate Parkway. Palm City, Florida 34990 Computed: BK Date FILE NO. Proj • (561) 286 -3883 Fax: (561) 286 -3925 2- -20 -01 exh- Ot.dwg bb-1-12 BPR & FBPE License No: 959 www.lb(h.com Checked: HD 0 • LEGAL DESCRIPTION: AN EASEMENT FOR UTILITY PURPOSES, LYING OVER AND ACROSS A PORTION OF THE RECREATION AREA, AS RECORDED IN OFFICIAL RECORDS BOOK 3475, PAGE 1274, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; COMMENCE AT THE NORTHWEST CORNER OF SAID RECREATION AREA; THENCE SOUTH 01'33'24" WEST, ALONG THE WEST LINE OF SAID RECREATION AREA, A DISTANCE OF 95.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88'26'36" EAST, DEPARTING SAID WEST LINE, A DISTANCE OF 25.00 FEET; THENCE SOUTH 16'07'52" WEST, A DISTANCE OF 51.66 FEET; THENCE NORTH 88'26'36" WEST, A DISTANCE OF 12.00 FEET TO SAID WEST LINE OF RECREATION AREA; THENCE NORTH 01'33'24" EAST, ALONG SAID WEST LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 925 SQUARE FEET, MORE OR LESS. D 2001 LBFH Inc. SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR XQ kkPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY ND IS NOT V 0. 7'! 2. NO RCji ?HE PUBU RF. RDS BEEN MADE BY THIS OFFICE. WOWARD DUKES, PROFESSIONAL SURVEYOR do MAPPER E OF FLORIDA NO. 4533 EXHIBIT "A" Page 22 of 23 THIS IS NOT A SURVEY PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY WELL SITE EASEMENT &b.fp CO "PNSULTING CIVIL ENGINEERS, Scale: N/A REVISIONS: SURVEYORS do MAPPERS a7timm For Results, Sheet 1 Of 2 Field Book: N/A Page: N/A C. value By Design" 3550 S.W. Corporate Parkway. Palm City. Florida 34990 Computed: BK Date FILE NO. (561) 286 -3883 Fax: (561) 286 -3925 2 -26 -Q1 exh- 02.dwg BPR & FBPE License No: 959 www_Ibfh.com Checked: HD 88 -0280 r • 17J I _ i I P A R C E L 1 PARCEL 2 (OFFICIAL RECORDS BOOK 3171, PAGE 1454) (OFFICIAL RECORDS BOOK 3171, PAGE 1454) I I POINT OF COMMENCEMENT NORTHWEST CORNER RECREATION AREA OFFICIAL RECORDS BOOK 3475, PAGE 1 I I (BEARING BASE) S88'22'06 "E NORTH LINE a RECREATION AREA / w I / Of Q Z OI O O < ai w 0) w Cif C) 31 w � N oI RECREATION AREA N V) (OFFICIAL RECORDS BOOK 3475, PAGE 1274) 3 POINT OF BEGINNING �� S88'26'36 "E 25.00' 0 w O � O o I— ` +n Q w � r 3 J N Z O D Z (rj I\N88'26'36 "W EXHIBIT "A" Page 23 of 23 12.00' BEARING BASE: THE NORTH LINE OF THE RECREATION AREA, AS RECORDED IN OFFICIAL RECORDS BOOK 3475, PAGE 1274, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA IS TAKEN TO BEAR SOUTH HIS 1 S NOT A SURVEY 88'22'06•' EAST. AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. CONSULTING CIVIL ENGINEERS, Scale: 1 " =30' SEACOAST U11UTY AUTHORITY WELL SITE EASEMENT SURVEYORS do MAPPERS ••Partners For Results, Sheet 2 Of 2 Field Book: N/A Page: N/A Field- ftborp IN C. value By Design" 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: B}� Date FILE NO. Proj w (561) 286 -3883 Fax: (561) 2136 -3925 2- 2'6 -01 exh- 02.dwg — BPR & FBPE License No: 959 www_fbfh.com Checked: HD • s • Return To: Bruce Gregg 4200 Hood Road Palm Beach Garden „, FI 33410 EXHIBIT 114” ACCESS EASEMENT THIS ACCESS EASEMENT made and entered into this day of , 2001, between City of Palm Beach Gardens, a Florida Municipal Corporation, (hereinafter referred to as "Grantor ") whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Seacoast Utility Authority hereinafter referred to as "Grantee "), whose address is 4200 Hood Road, Pahn Beach Gardens, Florida 33410 WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee its successors and assigns, a perpetual access easement which shall permit the Grantee to enter upon the property herein described at any time for ingress and egress to Grantee's property. The access easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF Granter hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid access easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: Signed, sealed and delivered in the presence of: Witness Signature Print Name Witness Signature Print Name 1 GRANTOR: By: Attest: Joseph R. Russo, Mayor Carol Gold, City Clerk • STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2001, by Joseph R. Russo and Carol Gold, Mayor and City Clerk respectively, both who are personally known to me or who has produced as identification and who did not take an oath. • D OCUM ENI\PBG LS W TP V ACCESS.wp:122000 C K Notary Signature Print Name Notary Public - State of Florida Commission No: My Commission Expires: • • 12.50' 12.50' CENTERLINE 25' ACCESS EASEMENT I I POINT OF COMMENCEMENT SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (S.E. 1/4) OF THE NORTHEAST QUARTER (N.E. 1/4) OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 18/42/43 C EAST LINE SOUTHEAST QUARTER SECTION 18/4422/43 �'- N01-35'11 "E V/326.72" I DO I� o Co `° zI �- N_ 01'36'03 "E �— 55.42' � � N \Da= I z 89'53'46" I g R= 50.00' Of L= 78.45' � I O I � I `^ o - M CO a I00 I I I I II f i I I I I I I I �I I I I I I I I I ACCESS EASEMENT EXHIBIT "A" Page 1 of 2 i POINT OF BEGINNING BEARING BASE: - - -- - -- - THE EAST LINE OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST IS TAKEN TO BEAR NORTH 01'35'11" EAST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL PURPOSES ONLY 41SNOT ID. 2. NO SEARCH F T RDS HAS BEEN MADE BY THIS OFFICE. 0. 110 ARC DUKURVEYOR ,1i MAPPER STATE OF �LORIUA NO. 4533, L.B.F.H. CERTIFICATE NO. LB 959 UNDAHL, FROWNING, FERRARI & HELLSTROM, INC Scale CONSULTIMC ENGINEERS. SURVEYORS h MAPPERS — 1 " =50' Field 3550 :i.V1, CORPORATE PARKWAY PALM CITY, FLORIDA 34990 (561) 286 -3883 FAX: (561) 286 -3025 wEST PALM UEACII PALM CITY FORT PIERCE OKEEC1400EE THIS IS NOT A SURVEY REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY ACCESS EASEMENT Sheet Fi, • O 1 Of 2 C. z 9 Date Computed 8K Drawing Work Order _j v 4.. E No. No. 4/28/99 Checked HID 99 -0093 Y • i LEGAL DESCRIPTION: A PARCEL OF LAND FOR EASEMENT PURPOSES BEING 25.00 FEET IN WIDTH, LYING IN A PORTION OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (S.E. 1/4) OF THE NORTHEAST QUARTER (N.E. 1/4) OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SAID SECTION 18; PROCEED NORTH 01'35'11" EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 18, A DISTANCE OF 326.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE NORTH 88'17'43" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 600.83 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST,- HAVING A RADIUS OF 50.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89'53'46 A DISTANCE OF 78.45 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01'36'03" EAST, A DISTANCE OF 55.42 FEET TO THE POINT OF TERMINUS. BEING BOUNDED ON THE EAST BY A LINE BEARING NORTH 01'35'11" EAST WHICH PASSES THROUGH THE POINT OF BEGINNING AND BEING BOUNDED ON THE NORTH BY A LINE BEARING SOUTH 88'33'12" EAST WHICH PASSES THROUGH THE POINT OF TERMINUS. SAID PARCEL CONTAINING 18,367 SQUARE FEET OR 0.42 ACRES, MORE OR LESS. ACCESS EASEMENT EXHIBIT "A" Page 2 of 2 REVISIONS: PROJECT NAME: SKETCH AND LEGAL DESCRIPTION FOR: SEACOAST UTILITY AUTHORITY ACCESS EASEMENT LINDAHL, BROWNING, FERRARI & HELLSTROM, INC Scale CONSULTING ENGINEERS, SURVEYORS k MAPPERS NA Field 3550 S.W. CORPORATE PARKWAY PALM CITY, FLORIDA 34990 (561) 286 -3883 FAX: (561) 286 -3925 Dote Computed BK WEST PALM OEACII PALM CITY FORr PIERCE OKEECNOOEE 4/28/99 Checked HO Sheet . I Field Book 2 Of 2 Pg. z Drawing Work Order � Q � E No. No. 99_0093 Y • CITY OF PALM BEACH GARDENS City Council Growth Management Department Staff Report Meeting Date: June 7, 2001 Date Prepared: May 16, 2001 SUBJECT /AGENDA ITEM MISC -01 -11 — Sand Hill Crane Natural Area Conservation Project Consideration of Approval: Resolution 88, 2001, a request by Bill Helfferich of South Florida Water Management District to remove exotic plants, reforest old agricultural land, and restore the hydrology in the area known as the Sand Hill Crane Natural Area. RECOMMENDATION Staff recommends approval of the request. Reviewed by: AA Originating Dept.: FINANCE: NA P8Z Commission if Growth Management: Action: NA Principal Planner VVV Karen M. Craver, Costs: $ A [ ] Approved Project Total [ ] App, w/ conditions City Attorn Manager A [ ] Denied Mark Hendrickson $ [ ] Rec. approval Finance NA Current FY Rec. a [ ] pp• w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: ( ]Operating • Resolution 88, 2001 Manage a'&k. !!'' ,, Director Wit Paper: [X] Other • Site map Charles K. Wu, AICP [ ] None [X] Not Required Approved by: Budget Acct. #: Affected parties: City Manager NA [ ] Notified [ X ] Not Required REQUEST e South Florida Water Management District representative Bill Helfferich is requesting approval to remove exotic and nuisance vegetation, promote hydrologic restoration, and City Councii Meeting Date: June 7, 2001 Date Prepared: May 18, 2000 Petition Misc -01 -11 plant pine seedlings on the District's property, known as the Sand Hill Crane Natural Area. Approximately 1,045 acres of the 1,425 acre site will be impacted by the proposed work. The site is located northeast of Beeline Highway, three miles north of PGA Boulevard. It is bounded on the east by the Loxahatchee Slough, and on the west by the Palm Beach County community of Calossa. (26,27,34,35 -41 S -41 E) BACKGROUND The site, once owned by the MacArthur Foundation, was annexed into the City of Palm Beach Gardens in 1990. Much of the land had previously been cleared for agriculture. Historically, the site also contained a rifle range. As part of the original Loxahatchee Slough Parcel 18, the MacArthur Foundation received City Council approval for existing and proposed agricultural uses with Resolution 125, 1995. However, Condition 2 of said Resolution states that on transfer of ownership for conservation purposes, the conditional use will expire. The South Florida Water Management District acquired the land through a "Save Our Rivers" State fund. LAND USE & ZONING The subject site is zoned Planned Development Area and has future land -use designations of Commercial Recreation and Conservation, and is listed as , Commerce and Trade, Residential Very Low, and Conservation on the Vision Plan. CONCURRENCY Petition MISC -01 -11 does not require concurrency certification. PETITION DETAILS Site Access: Access is existing off of Bee Line Highway. Project Operations: Roller chop nuisance shrubs and remove exotic plants from 1,045 acres of former agricultural lands; prescribe burn chopped debris as conditions allow; install plugs in former agricultural ditches and degrade berms along north -south road to promote water sheet -flow and facilitate wetland restoration; and reforestation of the old pastures by planting Florida Slash pine seedlings. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) City Engineerinq Additional information concerning the effects of the ditch plugs is required prior to permitting. City Engineer Sean Donahue recommends a condition of approval as stated 2 • City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2000 Petition Misc -01 -11 is his memorandum dated May 14, 2001, which is reflected in staff's recommendation and the proposed resolution. To date, no objections have been received from any other departments and agencies. GROWTH MANAGEMENT RECOMMENDATION Staff recommends approval of Petition MISC -01 -11 with one condition of approval. 1. Prior to the issuance of the building permit (excavation and fill) for phase II of the project, the applicant shall submit for review and approval by the City engineer, hydraulic calculations for the project, including any drainage impacts /improvements to off -site areas. g /short: misc0111. mh 0 3 • • • 92 May 24, 2001 RESOLUTION 88, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR REMOVAL OF EXOTIC VEGETATION, REFORESTATION AND HYDROLOGIC RESTORATION WITHIN THE SAND HILL CRANE NATURAL AREA, LOCATED NORTHEAST OF THE BEE LINE HIGHWAY APPROXIMATELY THREE MILES NORTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC -01- 11) from South Florida Water Management District for approval of removal of exotic vegetation, reforestation and hydrologic restoration on the 1,425 -acre site as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 1,425 -acre "Sand Hill Crane Natural Area" site is currently zoned Planned Development Area (PDA), and has future land use designations of Commercial Recreation (CR) and Conservation (C); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the removal of exotic vegetation, reforestation and hydrologic restoration on the "Sand Hill Crane Natural Area" site, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the exotic removal work, tree planting and plugging former agricultural ditches. SECTION 2. Said Planned Development Area is approved subject to the following condition, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to issuance of the building permit (excavation and fill) for phase II of the project, the applicant shall submit for review and approval by the City Engineer, . Resolution 88, 2001 Meeting Date: June 7, 2001 Date Prepared: May 24, 2001 Petition MISC -01 -11 • hydraulic calculations for the project, including any drainage impacts /improvements to off -site areas. (City Engineer) SECTION 3. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO MISC0111.res 2 1 Exhibit "A" Tract Nos. DA- 100 -008 and DA- 100 -011 (Aggregate Parcels 18.A.15, 18.A25A & 18.A25C) A parcel of land located in Sections 26, 272 34 and 35, Township 41 South, Range 41 East, and Section 2, Township 42 South, Range 41 -East, Palm Beach County, Florida, and being more particularly described as follows: Beginning at the quarter section corner located in the North line of said Section 26, - thence North 89 °03'23" East along the North line of the Northeast quarter of said Section 26 and' the South line of that certain parcel of land described in Official Records Book 9480, Page 589, Public Records of Palm Beach County, Florida, a distance of 2,009.58 feet; (The North line of the Northeast quarter of said Section 26 bears North 89 °03'23" East and all bearings are relative thereto); thence South 07 °07'39" West, a distance of 310.28 feet; thence South 04 °03'25" West, along the West line of said parcel, a distance of 5;017.61 feet; thence South 00 043'22" West, continuing along said West line, a distance of 5,206.50 feet to a point 1,000.00 feet Northerly of and parallel with as measured at right angles to a point on the Northerly right of way line of Beeline Highway (State Road 710) as shown on State Road Department Right of Way Map Section No. 9331 -101; thence South 53 °39'34" East, parallel with said Northerly right of way line, a distance _of 266.67 feet to a point on the Westerly line of that certain parcel of land as described in Official Records Book 10993, Page 1817, Public Records of Palm Beach County, Florida; thence South 36°22'07" West, along said Westerly line, a distance of 1000.00 feet to a point on said Northerly right of way line; thence North 53 °39'34" West, along said Northerly right of way line, a distance of 8063.90 feet, thence North 01 020'46" East, departing said Northerly right of way line, a distance of 1263.92 feet; thence North 05 °47'33" East, a distance of 2720.96 feet; thence North 06 °01'000 East, a distance of 68.73 feet; thence North 05 °47'26" East, a distance of 2,296.57 feet; thence North 89 °52'52" East, a distance of 2,142.48 feet; thence North 89 °06'22" East, a distance of 390.61 feet; thence North 01 010'46" East, a distance of 300.20 feet to a point on the North line of said Section 26; thence North 89 °04'38" East, along said North line, a distance of 2,241.43 feet to the POINT OF BEGINNING of the herein described parcel. Containing in all 1,425.67 acres, more or less. A:11oz1100-008 and 100- 011.lgl March 31, 1999 • 95 f t .N. ""J`_ .. ."--' � _•. •_•• . ---- -- — car•-'CC- :rsx+a. nonce= a,,,;r.a,,.....�.,y- secs =..� •. -r.' ( • •+,• ��,4, � - ~ Ire _ ��_ —'_ \`ti:.` _ f t .N. • • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 19, 2001 Meeting Date: June 07, 2001 Subject/Agenda Item: Reject bids for District Park Master Plan. Recommendation /Motion: Staff recommends the City Council reject bids as received for the District Park Master Plan. Reviewed by: i Originating Dept: Parks Costs: $ Council Action: I and Recreation I Total City Aft rney Finance ACM Human Res. Other Submitted o Brian McLaughlin ,��jr� Assistant Department Director City Advertised: Date: Paper. [ x ] Not Required Affected parties [ ] Not required Current FY Funding Source: . [ ] Operating [ ] Other Budget Acct #: [ ] Approved [ ] Approved Mnoondid. [ ] Denied [ ] Continued to: Attachments: 1. Memo [ ] None TO:._ FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Ron Ferris, City Manager DATE: April 19, 2001 Brian McLaughlin, Assistant Director, Parks and Recreati0 Rejecting bids for District park master plan BACKGROUND: On December 28, 2000, staff opened the six bids that were received for the development of the final master plan for the new district park. The six firms who responded to the RFP included PBS&J of West Palm Beach ($25,000- $75,000); The Corradino Group of Miami ($46,000); RMPK of Sarasota ($50,000 - $75,000); Glatting Jackson of West Palm Beach ($65,000); Gee & Jensen of West Palm Beach ($68,140); Land Design South of West Palm Beach (did not submit a cost); and BEA, International of West Palm Beach (stated they would be competitive). Following staff review, three firms, Corrandino; RMPK; and, Glatting Jackson were selected to make oral presentations to the Master Plan selection committee. DISCUSSION: Following the oral presentations by the three firms, staff determined that the wide range of anticipated costs and related services, indicated that a more concise RFP should be developed. RECOMMENDATION: Staff recommends that the original bids be rejected and that a new RFP be prepared that will further clarify the needs of the City as they relate to designing the district park's final master plan. • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 8, 2001 Subject/Agenda Item: Awarding of bid for Year One Operation & Maintenance of the Remediation System for the Gardens Park Remediation Project. Recommendation /Motion: Consider motion to award contract to Ardaman & Associates, Inc. per piggy back on their continuing contract with Broward County. Reviewed by: Originating Dept.: Costs: $132,613.00 Council Action: City Attorney City Engineer Total [ ] Approved Finance_ KKO ACM $Vi7, Current FY [ ] Approved W1 condition [ ] Denied Human Res. Other Advertised: NA Funding Source: [ ] Continued to: Attachments: Date: [X] Operating Paper: [X] Not Required [ ] Other Submitted by Daniel P. Clam. Affected parties otified Budget Acct. #:: 01- 2080 - 519.3150 [ ] None Appro d by: [X] Not required BACKGROUND: Ardaman & Associates, Inc. is completing the installation of a soil and groundwater remediation system that is intended to clean up a contamination source located on City property in the vicinity of the City's Gardens Park recreational fields. Once the system installation is completed, the remediation system will be placed into operation. This proposal is for the initial year of operating and maintaining the remediation system. This project will be funded with monies available from the Operating Fund, Account No. 01- 2080 - 519.3150. The City Engineer recommends that the City piggyback off of Ardaman & Associates, Inc.'s continuing contract with Broward County. DISCUSSION: The Florida Department of Environmental Protection (FDEP) has identified an area located near the Gardens Park soccer field where solvent contamination is present. Subsequent subsurface explorations and studies performed by Ardaman & Associates, Inc. under supervision of the City Engineer have determined the general horizontal and vertical extents of the contamination source area. A Contamination Assessment Plan, Contamination Assessment Report and Interim Remedial Action Plan, along with their addenda's, have been prepared and submitted to the FDEP for their review and approval. PA100283UMCoundl Agenda Cover Memo for Year One O &M 0 CITY OF PALM BEACH GARDENS MEMORANDUM J TO: . Ronald M. Ferris, City Manager Date: May 8, 2001 APPROVED: Daniel P. Clark, P.E., City Engineer FROM: John E. Donahue, P.E., Assistant City Engineer SUBJECT: Gardens Remediation Project — Year One Operation & Maintenance The City Engineer is requesting City Council approval of Ardaman & Associates, Inc.'s proposal for First Year Operation & Maintenance (O &M) of the Soil and Groundwater Remediation System at the City of Palm Beach Gardens Recreational Fields. BACKGROUND: Ardaman & Associates, Inc. is completing the installation of a soil and groundwater remediation system that is intended to clean up a contamination source located on City property in the vicinity of the City's Gardens Park recreational fields. Once the system installation is completed, the remediation system will be placed into operation. This proposal is for the initial year of operating and maintaining the remediation system. This project will be funded with monies available from the Operating Fund, Account No. 01- 2080 - 519.3150. The City Engineer recommends that the City piggyback off of Ardaman & Associates, Inc.'s continuing contract with Broward County. DISCUSSION: The Florida Department of Environmental Protection (FDEP) has identified an area located near the Gardens Park soccer field where solvent contamination is present. Subsequent subsurface explorations and studies performed by Ardaman & Associates, Inc. under supervision of the City Engineer have determined the general horizontal and vertical extents of the contamination source area. A Contamination Assessment Plan, Contamination Assessment Report and Interim Remedial Action Plan, along with their addenda's, have been prepared and submitted to the FDEP for their review and approval. A two -phase remediation system was designed to clean up the contamination source area. An Air Sparging/Soil Vapor Extraction system was designed to remediate the solvent source area, and a small pump and treat remediation system was designed to contain the source area on the City's property. Installation of the remediation system is nearing completion. Once complete, the remediation system will be placed into operation. P1100283WACwncN Agenda Item for Year One O&M • Ardaman & Associates, Inc. has submitted a proposal to the City Engineer for the initial year of operating and maintaining the remediation system. Ardaman's labor and equipment rates are based on their continuing contract with Broward County. Ardaman has also negotiated very favorable laboratory analytical rates for the project with Envirodyne, Inc. The total estimated cost of the first year of O &M is $132,613.00, which includes approximately $43,408.00 for startup tasks that are required by the Florida Department of Environmental Protection. These startup tasks should not be required during subsequent years of system operation and maintenance. RECOMMENDATION: Staff recommends City Council approval of Ardaman & Associates, Inc.'s proposal that piggybacks their continuing services contract with Broward County in the amount of $132,613.00 for the initial year of O &M for the Gardens Park Contamination Remediation proj ect. Cc: Kent Olson — Finance Director Len Rubin — City Attorney P1100283WW"incd Agenda 8em for Year one OW ,MAY -06 -2001 22 -23 • • AGREEMENT Between BROWARD COUNTY and Ardaman & Associates, Inc. for ENVIRONMENTAL CONSULTANT SERVICES J Am ,eMAY -06- 2001 22 =24 AGREEMENT Between BROWARD COUNTY and Ardaman & Associates, Inc. for ENVIRONMENTAL CONSULTANT SERVICES P.03 This is an Agreement between: BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND dbArdaman & Associates, Inch itsthis/her successors and assigns, hereinafter referred to as "CONSULTANT." W I T N E S S E T H, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONSULTANT agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the definitions and identifications set forth below are assumed. to be true and correct and are agreed upon by the parties. 1.1 BOARD: The Board of County Commissioners of Broward County, Florida, which is the governing body of the Broward County government created by the Broward County Charter. 1.2 CONSULTANT: The CONSULTANT selected to perform the services pursuant to this Agreement. • • • ,.MAY -06- 2001 22:24 - ,. 1.3 CONTRACT ADMINISTRATOR: The Contract Administrator shall be the Director or designee of the Office, Department or Division authorizing the work to be performgd by the CONSULTANT. 1.4 COUNTY: Broward County, a body corporate and politic and a political subdivision of the state of Florida. 1 5 LIBRARY: A resource of qualified CONSULTANTS providing one or more of the services described in Article 2. 16 NOTICE TO PROCEED: A written notice to proceed with the services specified in an approved Work Authorization, issued in accordance with this Agreement. 1 7 WORK AUTHORIZATION: Executed document authorizing the performance of specified services required by the County for the accomplis 'invent of a certain project. 1 8• - EMERGENCY: An emergency may be declared by the Director or designee of the Director of a Division, Department or Office of County government under the jurisdiction of the Broward County Board of County Commissioners when there exists a threat to the public health, safety or welfare. The method by which an emergency may be declared within the jurisdiction of another governmental entity shall be addressed within a separate Interlocal Agreement for the purchase of services under this Agreement. ARTICLE 2 SCOPE OF SERVICE$ 2.1 CONSULTANT shall perform the services described in each Work Authorization and proposal. Services may include one or more of the following areas: 2.1.1 Environmental land, air and water mitigation, to include: Outdoor air quality studies; Immediate evaluation and remedial actions, audits and surveys; Initial remedial action; Quality assurance project plan; Contamination assessment plan; Contamination assessment report; Remedial action plan; Site rehabilitation completion report; Planning; -2- • • 9 ,MRY -Ob -2001 22:25 Design; Construction and construction management; Pollution investigation; Hazardous material abatement; Risk management; Monitoring, permitting and compliance reporting; Pollution prevention /management plans; Indoor air quality studies; r. wt� 2.1.2 Technical training for County staff in such areas as safety, environmental regulations, human relations, compliance, and communications. 2.1.3 Planning and conducting Public information, training and pollution prevention programs relating to environmental issues. 2.1.4 Planning, developing and implementing public /private participation and opportunities. 2.1.5 Prepare research studies and position papers concerning r.ew environmental regulations. 2.1.6 Conduct geologic /hydrologic drilling and excavation services. 2.1.7 Provide sampling, testing and analytical services for materials, fluids, soils, sediment, air and biota. 2.1.8 Provide services for fuel systems and facilities as follows: Storage tank testing, removal, replacement, and repairs; Storage and dispensing equipment supply, maintenance and repair; Cleaning contaminated fuel; Checking and maintaining fuel tank monitor wells; Repair and maintain hydraulic bus /vehicle lifts. 2.1.9 Financial assistance, leasing programs and grants for reimbursement and non - reimbursement items regulated by Florida Statutes (e.g., Chapter 62- 773, F.A.C), such as storage and dispensing system installation and other such qualifying activities. 2.1.10 Hazardous waste cleanup, handling and disposal by a licensed waste hauler. 2.1.11 Site security, signage, fencing, barricades, etc. -3- • • ,MAY -06 -2001 22:25 P.06 2.1.12 Conducting a contamination assessment, which may include monitoring well installation, water quality analysis, soil gas surveys, and other activities as may be required to determine whether there is contamination and the type of contamination which may be present. 2.1.13 Meeting with regulatory agencies. 2.1.14 Any other actions required for the assessment and cleanup of - contamination by petroleum or other hazardous materials. 2.1.15 Underwater studies. 2.1.16 Recycling: Technical Surveys /Marketing /Public Information 2._: The Library will serve as a multiple -award resource to County agencies needing environmental services. Agencies will review the firms and select the firm most qualified to perform the required task(s) and after receipt of justification approval from ,Purchasing, will attempt to negotiate a scope of services, time for performance and fee. A Purchase Order shall be issued by the Purchasing Division upon receipt of a Purchase Requisition and an executed Work Authorization. Upon receipt of a Purchase Order, a written Notice to Proceed shall be issued by the Contract Administrator. In an emergency situation as defined in this Agreement, the Contract Administrator shall give CONSULTANT an oral notice to proceed which shall be followed up with a written notice to proceed within a reasonable amount of time. Additional instructions or provisions relating to emergency procedures are defined in Article 1.9. and 4.1.3. 2. No promise or guarantee is expressed or implied as to the total quantity of services or monetary value to be procured by County. 2.4 CONSULTANT shall be placed in an Environmental Consultant Services Library (hereinafter referred to as "Library") and whenever the Contract Administrator requires the services of a CONSULTANT to perform any of the services set forth above, the Contract Administrator shall review the qualifications of the CONSULTANTS in the Library to determine which CONSULTANT is most qualified to perform the work, can complete the work within the time required, and can provide the services at a reasonable cost. When the Contract Administrator determines that a consultant has the necessary qualifications and can complete the work within the time required at a reasonable cost, the services shall be obtained by means of a Work Authorization and a proposal as set forth in Article 4 below. The selection shall be at the sole discretion of COUNTY and decision shall be final. 40 -4- Ilfll VV GVVl GG•LV 2.5 When it is determined that more than one firm is apparently qualified to provide the desired services, the Using Agency will determine the best qualified firm by using, as a minimum, the following evaluation factors: (1) Previous performance on similar projects (2) Capability and availability (3) Comparison of staff resources and experience. This analysis will be included in the memo to Purchasing justify-ng selection. 2.6 The COUNTY reserves the right to issue Work Authorizations as and when required. Further, it is understood by the parties hereto that the COUNTY may, at any time, in its sole discretion during the term of this agreement, procure the services of any CONSULTANT on the prequalified list other than the originally selected CONSULTANT. In addition, if considered in its best interest, COUNTY reserves the option of soliciting additional CONSULTANTS to include on the prequalified list. Said additions to the list shall be required to exec -ite an Agreement with the same formality and of equal dignity as this Agreement. 2.7 CONSULTANT reserves the right to reject any request by the COUNTY to perform work, however, Contract Administrator shall advise the Purchasing Director, in 0 writing, as to the cause 2.8 If required in the Work Authorization and proposal, CONSULTANT shall complete the appropriate Reimbursement Application form required by the State of Florida in strict accordance with state law and regulations. It shall be the responsibility of the CONSULTANT to ensure compliance with State of Florida laws and regulations relating to reimbursement authorized by Section 376.3071, F.S.. as may be amended from time to time. 2.9 CONSULTANT agrees to meet with COUNTY at reasonable times and with reasonable notice which notice shall include the time and scope of the meeting. 2.10 Any changes to the terms of this Agreement must be contained in a written amendment, executed by the parties hereto, with the same formality and of equal dignity herewith. 211 Other governmental entities which have entered into an Interlocal Agreement with COUNTY may utilize this Agreement to purchase services as long as such purchase of services is in accordance with the terms of the Interlocal Agreement. • -5- • ,MAY -06 -2001 22:26 ARTICLE 3 TERM OF AGREEMENT !M111:] 31 This Agreement shall remain in effect for a period of three (3) years from the date approved by the Board, with an option of two (2) one -year extensions to be approved by the Director of Purchasing. - 3.2 This Agreement may be terminated as set forth herein. ARTICLE 4 AUTHORIZATION OF,WORK 4.1. All work to be performed by the CONSULTANT under the terms of this Agreement shall first be authorized by the COUNTY in one of the following manners: '4.1.1 For services estimated by CONSULTANT to cost up :o the Director of Purchasing's award authority for Professional Services, a written Work Authorization shall be prepared by the Contract Administrator, signed by the CONSULTANT, the County Attorney, County Risk Manager and approved by the Director of Purchasing. In no event shall the total fees and expenses for work or services authorized in a specific Work Authorization exceed the Director of Purchasing's award authority for Professional Services. Amendments that cause the aggregate of the Work Authorization to exceed the Purchasing Directors award authority for Professional Services shall be approved by the Board. 4.1.2 For services estimated by CONSULTANT to cost more than the Director of Purchasing's award authority for Professional Services, a written Work Authorization shall be prepared by the Contract Administrator, signed by the CONSULTANT, the County Attorney, and the County Risk Manager, and approved by the Board. In no event shall the total fees and expenses for work and services authorized in accordance with the specific Work Authorization exceed the amounts for which proper authorization and approval have been obtained pursuant to this section witi-out amending the Work Authorization. 4.1.3 For emergency assessment and/or cleanup services the Contract Administrator and his or her designee may orally authorize the performance of the emergency services by the CONSULTANT in the Library which can perform emergency services in the time frame required. Such oral authorization shall be followed on the next business day by a letter with a -6- ,eMAY -06 -2001 22:27 P.09 written account of the emergency circumstances from the Department Director of the Using Division to the Director of Purchasing. Within five (5) business days, a formal written work authorization shall be initiated along with a proposal from the CONSULTANT. This Work Authorization shall be signed by the CONSULTANT, Contract Administrator, County Attorney, County Risk. Manager and approved by the Director of Purchasing and noted for the record to the Board of County Commissioners if `he amount is over the Director of Purchasing's award authority for Professional Services. If, due to the magnitude of the incident, State of Emergency is declared by the County Administrator, as authorized by Broward County Resolution No. 81- 71 and Chapter 252, F.S., as amended, the reporting of costs incurred will be governed by the County procedures regarding State of Emergency declarations. 4.1.4 All non - emergency work authorizations are limited to a cumulative total of $200,000.00. If the Contract Administrator determines that this limit must be exceeded for operational purposes, the Contract Administrator must bring the Work Authorization to the Selection / Negotiation Committee, which will negotiate or approve such Work Authorization prior to the Work Authorization being submitted to the Board of County Commissioners for approval. 0 4.2 All written Work Authorizations issued by COUNTY shall contain the following information and requirements: U-.� 4.2.1 A description of the work to be undertaken with reference to the appropriate paragraphs of this Agreement pursuant-to which performance of the work is undertaken as agreed to by COUNTY and CONSULTANT. 4.2.2 A budget, as agreed to by COUNTY and CONSULTANT, establishing the amount of the cost of the work, which amount shall include the direct costs as set forth in Section 5.2 and which amount shall constitute an amount which shall not be exceeded without an approved Work Authorization Amendment as provided for herein. 4.2.3 A schedule, as agreed to by COUNTY and CONSULTANT, for completion of the work or services undertaken by CONSULTANT relative to the submission to COUNTY of documents, reports and other- information pursuant to the Work Authorization. Except in cases of Force Ulajeure, and when there is no cost impact, the time for completion under each authorization may, in the sole discretion of Contract Administrator, be extended upon justification of CONSULTANT and approval by Contract Administrator that additional time is necessary for perfornanc --. If the time extension would result in or create a possibility for cost impact, an extension -7- • .rMAY -06 -2001 22:28 P.10 may be granted in accordance with the provisions of this Agreement and the Procurement Code. 4.2.4 Any other additional instructions or provisions relating to the work authorized pursuant to this Agreement, as agreed to by COUNTY and CONSULTANT. ARTICLE 5 COST OF THE WORK AND METHOD OF PAYMENT 5.1 GENERAL_ Pursuant to each approved Work Authorization, the COUNTY acrees to pay CONSULTANT for all personnel engaged directly on the project, their actual hourly salary rates not to exceed the maximum rates shown on Exhibit "A." 5.2 REIMBURSABLES In accordance with and pursuant to the Broward County Procurement Code relating • to Cost Principles, direct nonsalary expenses directly attributable to the work performed pursuant to each Work Authorization and proposal, will be charged at actual cost, and will be limited to the following: 5.2.1 Direct costs will include the following: a) Identifiable transportation expenses in connection with the Project, subject to the limitations of Section 112.061, Florida Statutes. Transportation expenses to locations outside the Dade - Broward -Palm Beach County area or from locations outside the Dade - Broward -Palm Beach County area will not be reimbursed unless specifically pre - authorized in writing by the Contract Administrator b) Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel- connected expenses for CONSULTANT's personnel subject to the limitations of Section 112 061 Florida Statutes. Meals for class C travel inside Broward County will not be reimbursed. Meals and lodging expenses will not be reimbursed for temporarily relocating CONSULTANT's employees from one of CONSULTANT's offices to another office if the employee is relocated for more than ten (10) consecutive working days Lodging will be reimbursed only for room rates equivalent to Holiday Inn, Howard Johnson or Ramada Inn. C) Identifiable communication expenses approved by Contract Administrator, long distance telephone, courier and express mail ff.Q! 111 T - U0 -GGYJ1 GG • GO I • 11. between the CONSULTANT's various permanent offices. The CONSULTANT's _field office at the Project site is not considered a permanent office. d) Cost of printing, reproduction or photography which is required by or of CONSULTANT to deliver services set forth in this Agreement. 5.2.2 Equipment which may be necessary for a particular Work Authorization shall be provided at a price mutually agreed upon and shall be made a part of the Work Authorization and proposal. 5.2.3 A detailed statement of expenses must accompany any request for payment. Expenses other than auto travel must be documented by copies of paid receipts, checks or other to of payment. Local travel to and from the job site will not be reimbursed. 5.3 METHOD OF BILLING AND PAYMENT 5.3.1 As applicable, and/or as requested by Contract Administrator CONSULTANT shall submit monthly statements identifying the Work Authorization number and the nature of the work performed including job functions for each Work Authorization and an itemized statement of reimbursables incurred by the CONSULTANT. Each monthly statement shall include a listing of hourly rates certified by the company or corporate officer for the personnel working on the Project. 5.3.2 COUNTY agrees that it will pay CONSULTANT within thirty (30) calendar days of receipt of a proper invoice (as defined by the Prompt Payment Ordinance) from CONSULTANT ninety percent (90 %) of the total shown to be due on such statement. 5.3.3 Upon CONSULTANT's completion and Contract Administrator's approval of each Task set forth within the Work Authorization, COUNTY shall remit to CONSULTANT that ten percent (10 %) portion of each bill previously withheld by COUNTY for services performed by CONSULTANT. 5.4 Payment will be made to CONSULTANT at: Federal Tax # 5.-9-3049126 Company Name A,rdaman & Associates, Inc. • -9- r� .14AY -06 -2001 22 =29 P.12 Address 3665 Park Central Blvd. North Pompano Beach, FL 33064 Telephone # ( 954) 9,69 - 8788,,,, Contact Person Steve Dublin, P.E. 5.5 CONSUMER.PRICE INDEX Commencing one (1) year from the contract date, and on each anniversary date thereafter during the term hereof, the Salary Costs set forth on Exhibit "A" shall upon written request by CONTRACTOR be adjusted based upon the All Urban Consumer Price Index issued by the United States Department of Labor, Bureau -- *of Labor Statistics, for the 12 months preceding December 31 of the prior year, using the. U.S. City Average, if the Miami -Fort Lauderdale Index is not available. The request can only be based on the current 12 months preceding December 31 of the prior year, and cannot be retroactive to previous years. Such adjustment shall be calculated by multiplying each cost set forth on the applicable exhibits by the percentage change in the consumer price index adjustment to determine the new cost. However, in the event that the percentage change in tha consumer price index is greater than three percent (3 %), any increase for each cost shall be limited to three percent (3 %) of that cost. Any increase in the costs, as described herein, shall apply only to work authorized after the effective date of the increase. CONTRACTOR shall compute and forward updated exhibits fcr verification and acceptance by COUNTY. ARTICLE 6 CHANGES TO SCOPE OF SERVICE$ ON WORK AUTHORIZATIONS 6.1 COUNTY or CONSULTANT may request changes in the character or quantity of work as may be considered necessary or desirable to fully and acceptably perform the services set forth within a Work Authorization. Any extra or additional work within the scope of any Work Authorization other than as authorized in Section 6.4 shall be accomplished by means of an approved Work Authorization Amendment. 6.2 The CONSULTANT shall not start work on any change requiring an increase in price until a Work Authorization Amendment setting forth the adjustment is approved by the appropriate approving authority. Upon receipt of the notice to -10- • .,MAY -06 -2001 22:30 H. 1.5 proceed, CONSULTANT shall promptly perform the work set fo-th within the Work Authorization Amendment and proposal.. 6.3 Amendments to any Work Authorization for Professional Services must be approved in advance in accordance with the value of the Work Authorization Amendment or the calculated value of the time extension. All Work Authorizations and related Amendments, which in the aggregate exceed the Purchasing Director's authority shall be approved, in advance, by the Board, or shall be noted for the record to the Board in an emergency situation as defined in Articles 1.9 and 4.1.3. A Work Authorization approved by the Contract Administrator for time extension only (no cost impact) shall be fully executed and a copy shall be forwarded to Purchasing to execute a Purchase Order specifying the time change. 6.4 The Contract Administrator is authorized to approve reallocation of up to 5% of a Work Authorization's total value between fees and reimbursable expenses, without a Work Authorization Amendment. The reallocation must be approved in writing, detailing the corresponding change in the scope of services, and signed by the Contract Administrator on behalf of the COUNTY and the CONSULTANT. 6.5 In 'the event satisfactory adjustment cannot be reached for any item requiring a Work Authorization Amendment, the COUNTY reserves the right to terminate the Work Authorization and make alternate arrangements as may be deemed necessary to complete the work. 6.6 If the CONSULTANT feels that there is a basis for requesting that a Work Authorization Amendment be proposed and desires to do so, the CONSULTANT shall submit such a request in writing to the Contract. Adm in istrator with complete details concerning the changes proposed, the price and time of performance changes involved, and the justification therefor. ARTICLE 7 RE$PONSIBILITIE$ 7.1 COUNTY'S RESPONSIBILITIES 7.1.1 COUNTY shall assist CONSULTANT by placing at CONSULTANTs disposal all information it has available pertinent to the particular Work Authorization including previous reports and any other data relative to the work to be performed pursuant to the Work Authorization. -11- MRY -06 -2001 22:30 H.14 7.1.2 COUNTY shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform its services. 7.1.3 COUNTY shall give prompt written notice to CONSULTANT whenever COUNTY observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANTs services or any defect in the work of the CONSULTANT. 7.2 CONSULTANT'S RESPONSIBILITIES 7.2.1 CONSULTANT shall have full responsibility for existing underground utilities, facilities and/or conditions shown on the Work Authorization, on the as- builts or the proposal, including reviewing of such information and data; locating all underground utilities shown or indicated in the Work Authorization or as- builts, coordination of the work with the owners of underground facilities during the progress of the work pursuant to the Work Authorization; safety and protection thereof; and repairing any damage thereto, the cost of which shall be deemed included in the amount set forth within the Work Authorization and proposal. 7.2.2 if the underground utility, facility or condition is uncovered or revealed at or contiguous to the site which was not shown on the Work Authorization, the as- builts and/or the proposal and which the CONSU -TANT could not reasonably have been expected to be aware of, CONSULTANT shall, promptly after becoming aware of thereof and before performing any work affected thereby (except in any emergency), notify the Contract Administrator. The Contract Administrator shall promptly review the underground facility, utility or condition to determine the extent to which the Work Authorization, the as- builts and /or the proposal showed the underground utility, facility or condition. If the Contract Administrator agrees that the CONSULTANT could not reasonably be expected to have been aware of the underground utility, facility or condition, the necessary Amendment will be issued. 7.2.3 CONSULTANT shall verify all information and data pertaining to a project to which he is assigned and shall notify Contract Administrator of any error, conflict, discrepancy found therein, as failure to do so shall not relieve the CONSULTANT of full responsibility for unsatisfactory performance. -12- MAY -06- 2001 22:31 9 ARTICLE 8 • MISCELLANEOUS 8.1 OWNERSHIP OF DOCUMENTS All drawings, specifications, designs, models, photographs, reports, surveys and other data prepared or provided by the CONSULTANT in connection with this Agreement are and shall remain the property of COUNTY whether the Project for which they are made is completed or not, and shall be delivered by CONSULTANT to COUNTY within ten (10) days of the receipt of the written notice of termination or other demand. COUNTY may withhold any payments then due to CONSULTANT until CONSULTANT complies with the provisions of this Section. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT shalt be Y2K compliant. 8.2 . - TERMINATION 8.2.1 This Agreement may be terminated for cause by action of Board or by CONSULTANT upon three (3) days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than fourteen (14) days' written notice by Contract Administrator This Agreement may also be terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 8.2.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the-objectives of COUNTY as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 8.2.3. Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator.which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. -13- ,eMAY -06- 2001 22:32 P.16 8.2.4 In the event this-Agreement is terminated for convenience, CONSULTANT shall be paid for any services performed to the date the Agreement is terminated. Compensation shall be withheld until all documents specified in Section 8.1 of this Agreement are provided to the COUNTY. Upon being notified of COUNTY's election to terminate, CONSULTANT shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. Under no circumstances shall COUNTY make payment of profit for services which have not been performed. CONSULTANT • acknowledges and agrees that ten dollars ($10:00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CONSULTANT, is given as specific consideration to CONSULTANT for COUNTY's right to terminate this Agreement for convenience. 8.3 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CONSULTANT that are related to this Project. CONSULTANT shall keep such books, records, and accounts and shall require any and all subconsultants to keep books, records and accounts in accordance with this Agreement and accepted accounting practices as may be necessary in order to record complete and correct entries related to the Project. CONSULTANT shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONSULTANT's records, CONSULTANT shall comply with all requirements thereof; however, no confidentiality or non - disclosure requirement of either federal or state law shall be. violated by CONSULTANT. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. 8.4 NONDISCRIMINATION, EQUAL, EMPLOYMENT OPPORTUNI -Y, AND AMERICAN$ WITH DISABILITIES ACT CONSULTANT shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds -14- OIMRY -06 -2001 22 =32 P.17 provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by COUNTY, including Titles I and Il of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. CONSULTANT's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for se vice delivery. CONSULTANT shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, -CONSULTANT shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall in•:,lude, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CONSULTANT shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/0, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CONSULTANT shall not engage in or commit any discriminatory practice in violation. of the Broward County Human Rights Act (Broward County Code, Chapter 161/2) in performing the Scope of Services or any part of the Scope of Services of this Agreement. 8.5 NO CONTINGENT FEE CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, -15- MAY -06 -2001 22:33 P.18 company, corporation, individual or firm, other than a bona fide Employee working solely for CONSULTANT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, COUNTY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 8.6 SUBCONTRACTORS In the event CONSULTANT, during the term of this Agreement, requires the services of any subcontractors or other professional associates -n connection with services covered under this Agreement, CONSULTANT must secure the written approval of the Contract Administrator. For emergency services the Contract Administrator and his or her designee, may orally authorize the use of a subcontractor. Such oral authorization shall be followed on the next business day by formal written authorization. Price Schedules for subcontractors shall be made a part of each Work Authorization, and shall remain firm for the term of the Work Authorization, or one (1) year, whichever is less, except for increases due to an increase in taxes levied or an increase in regulatory fees charged for the services to be provided. 8.7 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party and CONSULTANT shall not subcontract any portion of the work required by this Agreement except as authorized pursuant to Section 8.6. CONSULTANT represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services a.-Id to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CONSULTANT shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CONSULTANT's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 0 -16- MAY -06 -2001 2234 P.19 le M8.8 INDEMNIFICATION „OF COUNTY C7 CONSULTANT shall at all times hereafter indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of CONSULTANT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and Co. -inty Attorney, any sums due CONSULTANT under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. 8.9 INSURANCE CONSULTANT shall provide, pay for and maintain in force at all times during the services to be performed such insurance, including but not limited to Workers' Compensation Insurance, Comprehensive General Liability Insurance and Professional Liability Insurance, Business Automobile Liability Insurance and Employers Liability Insurance, in such minimum coverage required by COUNTY on a project by project basis. Such policy or policies shall be issued by companies authorizec to do business in the state of Florida and having agents upon whom service of process_ may be made in the State of Florida. CONSULTANT shall specifically protect COUNTY and the Board of County Commissioners by naming COUNTY and the Board as additional insured under any Comprehensive General or Commercial Liability Insurance policy which may be required. The Professional Liability Insurance Policy or certificate should reference this Project. CONSULTANT shall provide to COUNTY a Certificate of Insurance of all coverages described above. COUNTY reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that COUNTY shall be given thirty (30) days notice prior to expiration or cancellation of the policy. -17- 41MAY -06 -2001 22:35 P.20 9 8.10 PUBLIC ENTITY CRIMES ACT CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person oe affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on_a contract to provide any goods or services to COUNTY, may not submit a bid on a contract with COUNTY for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNTY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with COUNTY, and may not transact any business with COUNTY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a *period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTYs competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. 8.11 ALL PRIOR AGREEMENTS $UPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings between the parties applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings between the parties concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements between the parties whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.12 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to -18- . • • • eMAY -06 -2001 22:35 P.21 the party for whom it is intended at the place last specked, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR BROWARD COUNTY: Glenn R T'urchasing Divisi `I+ nn.iaia V'JL 115 South Andrews Ave Ft Lauderdale FL 33301 FOR CONSULTANT: , Contract Administrator Ardaman & Associates, Inc_ Attn: Steve Dublin, P.E. _ 3665 Park Central Blvd. North Pompano Beach, FL 3064 8.13 TRUTH -IN- NEGOTIATION CERTIFICATE Signature of this Agreement by CONSULTANT shall act as the execution of a truth - in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which COUNTY determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. 8.14 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent, and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or Article where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or -19- OPMAY -06- 2001 22 =36 P.22 Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsetion or subparagraph of such Section or Article. 6.15 OBSERVANCE OF LAWS The CONSULTANT shall keep fully informed of all federal and state laws, all local laws, ordinances, and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect work, authorized under the terms of this Agreement. The CONSULTANT shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees: and shall protect and indemnify the COUNTY and its officers, agents, servants, and employees against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree caused or committed by CONSULTANT, its representatives, subcontractors, professional associates, agents, servants or employees. 8.16 , PROTECTION OF RECORDS CONSULTANT shall protect from harm and damage all data, drawings, specifications, designs, models, photographs, reports, surveys and other data created or provided in connection with this Agreement (collectively, "County Property "), while such data and materials are in CONSULTANT's possession. Such duty may include, but is not limited to, making backup copies o-7 all data stored by electronic device on any media, taking reasonable actions to prevent damage by impending flood or storm (including, but not limited to, removing the County Property to a safe location), and establishing and enforcing such security measures as are reasonably available, considering the customary practice with CONSULTANT's trade or profession. 8.17 DRUG -FREE WORKPLACE It is a requirement of COUNTY that it enter into contracts only with firms that certify the establishment of a drug -free work place in accordance with Chapter 21.31(a) of the Broward County Procurement Code. Execution of this Agreement by CONSULTANT shall also serve as CONSULTANT's required certification that it either has or that it will establish a drug free work place in accorcance with Chapter 21.31(a) of the. Broward County Procurement Code. 8.18 INDEPENDENT CONTRACTOR CONSULTANT is an independent contractor under this Agreement. Services 0 provided by CONSULTANT shall be subject to the supervision of CONSULTANT. -20- ,e AY -06 -2001 22:3? P-23 In providing the services, CONSULTANT or its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents'of the COUNTY. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 8.19 PREVAILING WAGE REQUIREMENT If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) is required of, of undertaken by, CONSULTANT as a result of this Agreement, Broward County Ordinance No. 83 -72, as may be amended from time to time, shall be deemed to apply to such construction work; and further CONSULTANT shall fully comply with the requirements of such ordinance and shall satisfy, comply with, and complete the requirements set forth in Exhibits "B" and "C." 8.20 THIRD PARTY BENEFICIARIES Neither CONSULTANT nor COUNTY intend to directly or substantially benefit a - -third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 0 8.21 CONFLICTS • Neither CONSULTANT nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONSULTANT's loyal and conscient;ous exercise of judgment related to its performance under this Agreement. CONSULTANT agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue'a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY or in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONSULTANT is permitted to utilize subcontractors to perform any services required by this Agreement, CONSULTANT agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. -21- • • .MAY -06 -2001 22 =37 8.21 CONFLICTS 8.22 8.23 P.24 Neither CONSULTANT nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONSULTANT's loyal and conscientious exercise of judgment related to its performance under this Agreement. CONSULTANT agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY or in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONSULTANT is permitted to utilize subcontractors to perform any services required by this Agreement, CONSULTANT agreE:s to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. WAIVER OF BREACH AND MATERIALITY Failure by COUNTY to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. COUNTY and CONSULTANT agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. SEVERANCE In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CONSULTANT elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 0 -22- ,MAY -06 -2001 22:38 r8.24 JOINT PREPARATION • P.25 Preparation of this Agreement has been a joint effort of COUNTY and CONSULTANT and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 6.258 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 8 of this Agreement shall prevail and be given effect. 8.26 APPLICABLE LAW AND V,ENU,E - This Agreement shall be interpreted and construed in accordance with and governed py the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward Ccunty. Florida, the venue situs, and shall be governed, by the laws of the Stag of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a .rial by jury of any such litigation. 8.27 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached exhibits are incorporated into and made a part of this Agreement. 8.28 COUNTERPARTS This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original. - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - -23- • • .FMAY -06 -2001 22:39 P.26 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of 4.9 Qb*D andkrdaman & A.ssoci ar_PS _ Tnr • signing by and through its corporate officer duly authorized °o execute same. ATTEST .7 County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida Cj n i� rl COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS 146P` day of h C)Orm OL dam„ 49 apoa Approved as by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 3::;301 f Telephone: (954) 357 -7600 Facsimile: (954) 357 -7641 -24- By REB A L. K&.Y Assistant County Attorney E-1 PAY-06-2001 22:39 P.27 Inc. AGREEMENT BETWEEN BROWARD COUNTY AND Ardaman & Associates, FOR ENVIRONMENTAL CONSULTANT SERVICES WITNESSES: , dz FOR CORPOR kTION: Al"rEST:* 70, Secreflary U (CORPORATE SEAL) RLK:sc environm.201 09-101 CONSULTANT 0 -25- Ardaman & Associates, Inc. Name of By - ---=:=='w- Davidson Corporate Officer IL day ci*f-e;�--Fl-llee ,MAY -06 -2001 22:39 EXHIBIT "A" HOURLY SALARY JOB TITLE RATE MAXIMUM P.28 PRINCIPAL $126.74 ASSOCIATE 106.55 PROJECT MANAGER: ENVIRONMENTAL MITIGATION 92.36 FUEL SYSTEMS /FACILITIES 96.62 TECHNICAL TRAINING /REGS. 95.34 FINANCIAUPRIVATIZATION 103.68 PUBLIC INFORMATION 92.69 SENIOR SCIENTIST 95.57 SCIENTIST 111 82.58 SCIENTIST Il 69.00 SCIENTIST 1 58.97 HYDROLOGIST 83.08 GEOLOGIST 79.57 SENIOR ENGINEER 102.42 ENGINEER III 86.30 ENGINEER II 73.12 ENGINEER 1 61.24 SURVEYORS SURVEY PARTY 67.94 90.94 TECHNICIAN III E7.36 TECHNICIAN II 48.67 TECHNICIAN 1 42.10 ASBESTOS CONSULTANT 52.93 ASBESTOS INSPECTOR 159.74 CERT. WATER WALL CONTRACTOR 73.58 CERT. POLLUTANT STORAGE SYS. COL. 87.82 REGISTERED PRECISION TANK TESTER 86.87 CERT. INDUSTRIAL HYGIENIST 106.57 LAB TECHNICIAN 52.11 SENIOR ACCOUNTANT 80.03 STAFF ACCOUNTANT 51.30 RADON MEASUREMENT SPECIALIST '1.18 RADON MITIGATION SPECIALIST 80.04 RADIATION MEASUREMENT SPECIALIST 84.08 FUEL SYSTEMS SPECIALIST 78.65 DRILLER 56.58 ASSISTANT DRILLER 42.80 LABORER :33.68 HYDRAULIC LIFT SPECIALIST 74.54 DRAFT PERSON /DESIGNER 56.46 CAD OPERATOR 50.79 CLERICAUADMINISTRATION TRUCK DRIVER 37.12 37.49 EQUIPMENT OPERATOR 52.92 P.28 ,MAY -06 -2001 22:40 P.29 0 EXHIBIT "B" Prevailing Wage Rates: On November 17, 1983, the Broward County Board of County Commissioners enacted Ordinance No. 83 -72 providing that, in all non - federally funded construction procurement activity of $250,000 or more, the rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in like industries as determined by the Secretary of'Labor and as published in the Federal Register (latest revision). 1. Prevailing Wage Rate Ordinance. This Project is not federally funded. If the construction cost is in excess of $250,000, the following sections shall apply: 1.1 The rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work in a like construction industry as determined by the Secretary of Labor and as published in the Federal Register (latest revision). 1.2 . All mechanics, laborers, and apprentices, employed or working directly upon the site of the work shall be paid in accordance with the .above- referenced wage rates. CONSULTANT shall post notice of these provisions at the site of isthe work in a prominent place where it can be easily seen by the workers. 1.3 If the parties cannot agree on the proper classification of a particular class of laborers or mechanics or apprentices to be used, the Contract Administrator shall submit the question, together with its recommendation, to the County Administrator for final determination. 1.4 In the event it is found by the Contract Administrator that any laborer or mechanic or apprentice employed by CONSULTANT, or any Subcontractor directly on the site of the work has been or is being paid at a rate of wages less than the rate of wages required by the ordinance, the Contract Administrator may: (1) by written notice to CONSULTANT terminate its right to proceed with the work or such part of work for which there has been a failure to pay said required wages; and (2) prosecute the work or portion thereof to completion by contract or otherwise. Whereupon, CONSULTANT and its sureties shall be liable to COUNTY for any excess costs occasioned to COUNTY thereby. 1.5 Sections 1.1 through 1.4 above shall apply to this Contract to the extent that it is: (1) a prime Contract subject to the ordinance; or (2) a subcontract also subject to the ordinance under such prime Contract. • ,MAY -06 -2001 22:40 P.30 1.6 CONSULTANT shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve such for a period of three (3) years thereafter for all laborers, mechanics, and apprentices working at the site of the work. Such records shall contain the name and address of each such employee; its current classification; rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits); daily and weekly number of hours worked; deductions made; and actual wages paid. 1.7 CONSULTANT shall submit, with each requisition for payment, a signed and sworn "Statement of Compliance" attesting to compliance with Broward County Ordinance No. 83 -72. The Statement shall be in the form attached as Exhibit "), "c, 1.8 The Contract Administrator may withhold or cause to be withheld from CONSULTANT so much of the payments requisitioned as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, watchpersons, and guards employed by CONSULTANT or any subcontractor on the work, the full amount of wages required by this Agreement. 1.9 If CONSULTANT or any subcontractor fails to pay any laborer, mechanic, or apprentice employed or working on the site of the work all or part of the wages required by this Agreement, the Contract Administrator may, after written notice to CONSULTANT, take such action as may be necessary to cause suspension of any further payments or advances until such violations have ceased. is -2- .MAY -06-2001 22:41 EXHIBIT'.C" STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO, 83 -72) No. Contract No. Project Title i P. 31 The undersigned CONSULTANT hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by Broward County Ordinance No. 83 -72 and the applicable conditions of this Agreement. Dated By By CONSULTANT (Signature) 4D STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 —, by who is personalty known to me or who has produced_ as identification and who did /did not take an oath. WITNESS my hand and official seat, this day of (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) typed, printed or stamped (Title or rank) (Serial number, if any) My commission expires: • ,MAY -06 -2001 22:41 !'�vvr. s!� Vt.t ♦ 1 11 Ratwccn 1 vr-L t I-.. \J I f Rolfe Davis Insurance Agcy 1 W 0 . 0 . Box 538230 ndo FL 32853 -8230 e 47- 896 -0550 ED Ardaman & Associates, Inc.; A & A Managgement Services Inc, & Ardaman peraonnel, Inc. P.O. Box 593003 Orlando FL 32859 -3003 P.32 THIS CERTIFICATE IS ISSUED AS A MAI 1 tR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER A: INSURER 8: INSURER C: INSURER D; INSURER E INSURERS AFFORDING COVERAGE Reliance National IndPal*±ity Co Reliance Nat Ins!PMC Ins Group ;OVERAGES ME POLICIES OF INSURANCE LISTED BELOW HAVC BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICAI ANY REOUIRC:MENT. TERM OR CONDITION OF ANY CCNTRACT OR OTHER DOCUMENT WITH RESPECT TO Wh=4 THIS CERTIFICATE I MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND POLICIES. AGGREGATE LIMITS SHOYw'UAY HAVE BEEN REDUCED BY PAID CLAIMS. -T-TRI VPC OF INSURANCE _ POLICY NUMBER 11 ME Y EtJF�DOf"E DATE (MM IRATIOh - -- Y i (�► i GENERA LIABILITY A i X i COMMERCIAL GENERALLIAI ',tUTY ITGB172088402 05/01/99 05/01/00 CtABAS MADE OCCUR . X, Contractual Liab *PER PROJECT LIMIT 1 GEWL AGGREGATES LIMIT APPLIES PF_R- i POLICY 1 JC O - ' AUTOM0811.17- LIABILITY A XI ANY AUTO I NKA163036302 ; 05/01/99 05/01/00 • ALL OWNL:U AU 1`0`_; I SCIIEOULL-DAI)IGS ! X IIIRI.O AUTOS X NON.OWNLIIAUTUS GARAGE LIABILITY ANY AU (O EXCESS LIABILITY A OCCUR ca AIMS MADE NUA251607202 ( 05/01/99 05/01/00 0CQUCTIHLF REICNMN S WORKOIS COMPENSATION AHO Ii EMPIOYI:RS'IU.BIIIT "r NWAD14317301 01/01/991 01 /01 /00 I I OTFIER - - -- I ;� ILSCRIPTILttI OF I)Pr—zll l IONSILOCATIONSIVEHICLEW EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 91anket Additional Insured Form. (CG2033), Blanket Waiver of Transfe Rights of Recovery (CG2404) are included in General Liability and P Liability for Certificate Holder. PMC Group is the agent for the A Re: 96 -878 :CERTIFICATE HOLDER 1 N I ADDITIONAL INSURED: INSURER LETTER BROWARD Droward County Board of County Commissioners Attn: Michael Walker 115 S. Andrews Place, Ste 212 Fort I,attderdale FL 33301 .CORD 'S S (7197) EC_ NOTVAT HSTANDING AY BE ISSUED OR :ONOITIONS OF SUCH LIMITS EACHOC::URRENCE :S1,000,000 FIRE DAMAGE (Any one two) ; S 300,000 MED EXP (Any one person) I S 5,000 'ERSONAL d ADV INJURY 131,000,000 ! GENERAL. AGGREGATE , 5 2, 0 0 0, 0 0 0* rPRODUCTS .COMPWAGG ;S2,000,000 i I COMBINED SINGLE LIMIT :Ea accident) $1,000,000 I. BODILY INJURY S (Per persm) I— BODILY It AJURY (Per accicenl) f .. II PROPERTY DAMAGE i S j (Per aceicenl) II AUTO ONLY - EA ACCIDENT Is OTHER THAN EA ACC S AUTOOVLY: AGG : S EACH OCCURRENCE 310,000,000 AGGREGATE ;S10,000,000 - - -- IS `s )S WC STATU- O(H- TORY LIMMSI X I ER E.L. EACH ACCIDENT 151,000,000 E.L. DISEASE - EA EMPLOYEES 1, 0 0 0, 0 0 0 _ EA, DISEASE - POLICY LIMIT . 5 1, 0 0 0, 0 0 0 .r of utomobile ork Comp. CANCELLATION SHOULD ANY OF THE ABOVE OESCRICED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSIJRER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CER- IFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBUGATXM OR LIABILITY OF ANY KENO UPON THE INSURER ITS AGENTS OF REPRESENTATIVES. ,.MAY -06 -2001 22:42 'ROOUrSR T Rolfe Davis Insurance Agcy 1 O. Box 538230 ndo FL 32853 -8230 ne:407- 896 -0550 4SURED P.33 THIS CERTIFICATE IS ISSUED AS A MA I I'tR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLIER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A-* Reliance National Indemnity Co Ardaman & Associates, ,Inc. INSURER R' A & A Management Services fnc, INSURER & Ardaman Personnel, Inc. -- - P.O. Box 593003 INSURER O: Orlando FL 32859 -3003 I .., INSURER E: . :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, F-XCLUS104S AND CONDITIONS OF SUCH 1211 Irroc Arf,RFCATF I IMITS SHnWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE POLICY NUMBER DATE MID DATE LIMITS G ENERAL LIABILITY EACH OCCURRENCE t =IRE DAMAGE (Any one rue) S COMMERCIN. GENERAL UA8UTY MED EXP (Any ors S CLAIMS MADE OCCUR PERSONAL R ADV IN IURY PERSONAL 5 GENERAL AGGREGATE 5 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPAP AGG 5 POLICY jECT ! LCG AUTOMOBILE LIABILITY --- ANY AUTO J COMBINED SINGLE UWT (Ea ecdd •nt) S BODILY H4JURY es rs S ALL OWNED AUTOS SCHEDULED AUTOS I BODILY 14JURY ar (P aocnlent) S HIRED AUTOS NON•OWNED AUTOS PROPERTY DAMAGE (Per accident) S -•- — .— .— "- - - -_ -- - GARAGE LIABILITY i I AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S — ANY AUTO S I AUTO OILY: AGG EXCESS LIABILITY ; EACH OIxURRENCE S AGGREGATE f OCrA)R (� CLAIMS MADE S S DEIwCTIBLE 1 J S — REIENION S I WORKERS COMPENSATION AND TORY LIMBS Eli S EMPLOYERS UA131UTY EL EACH ACCIDENT 5 . EL C=2 ASE - EA EMPLOYE S F EL DISEASE - POLICY LIMIT OTHER A PROFESSIONAL NTF163415605 05/01/99 05/01/00 A. CLAIM 2,000,000 LIABILITY ; 4GGREGATE 2,000,000 JI:SL.1ilYlIUN{A•UYtKP INJIV: a/ lU[.AIIUNYVL:Hn.LCJ/C/U.LVJNIYJ /�LJNCU �� CrvwlaJGmc��aJrG�w�L r�a+v�.•..+ Includes: Contractors Pollution Legal Liability, Blanket Waiver of Subroga- tion and Blanket Additional Insureds as required by Contract for Certificate Holder. A A-man File No.: 96 -878 CERTIFICATE HOLDER I N ADDITIONAL INSURED; INSURER LETTER: BROWARD Broward County Board of 0 County Commissioners 115 S. Andrews Pl., Room 212 Ft. Lauderdale FL 33301 I CORD 25'-S (719T) CANCFI I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC— t M BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSJRER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CEwrwCATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE 140 OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. ACORO COHPIE TOTAL P.33 CITY OF PALM BEACH GARDENS City Council Growth Management Department Staff Report Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 SUBJECT /AGENDA ITEM Petition SP -01 -02 - Frenchman's Reserve Pod A. Consideration of Approval: A request by Jennifer Morton of Land Design South, on behalf of Toll Brothers Communities, Inc., for site plan approval for Pod A within the Frenchman's Reserve Planned Community Development (PCD). RECOMMENDATION Staff recommends approval of Resolution 89, 2001, subject to conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P8Z Commission C, Growth Management: - Action: Principal Planner l/ Karen M. Craver, Project Costs: $ Total [ ] Approved A ( ] PP. w/ conditions City Attorney Manager ( ] Denied Edward Tombari $ [ ] Rec. approval Finance NA Current FY (Xj Rec. app. w/ conds. Human Res. NA ( ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: (]Operating • Resolution 89,2001 ManagI t DirectoL(.(, Paper: (x ] •Project Narrative Other N/A • Legal Description Charles K. Wu, AICP [X] Not Required •Code Comparison • Zoning and Land Use Approved by: City Manager Budget Acct. #: • Aerial Photo Affected artiest [ ] Notified N/A • Site /Landscape Plan • Building Elevations [ x ] Not Required • Floor Plans [ ] None REQUEST Jennifer Morton of Land Design South, agent for Toll Brothers Communities Inc., is requesting site plan approval for 43 zero lot line dwelling units in Pod 'A' of the Frenchman's Reserve Planned Community Development, with a proposed density of 3.78 City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition SP -01 -02 dwelling units per acre. The 11.35 -acre site is bounded by Hood Road Extension to the north, Alternate Al A and Frenchman's Reserve High Density Pod H to the west, Frenchman's Reserve Pod G to the south, and Frenchman's Reserve Pod B to the east. (41- 34S -42E) BACKGROUND On March 15, 2001, City Council adopted Ordinance 4, 2001, which approved the Master Plan for Frenchman's Reserve Planned Community Development (PCD) for 530 dwelling units. This is the second of eight residential pods to be submitted for site plan review; however, no dwelling units have been built to date. This petition shall be subject to all applicable PCD requirements. Pod A is the first residential pod located on the north side of the PCD Spine Road, directly across from Pod G. The typical lot size for this pod is 65 feet by 140 feet. LAND USE & ZONING The subject site is zoned PCD with an underlying zoning of Residential Low (RL -3), and has a future land use designation of Residential Low (RL). The proposed use is consistent with the Land Development Regulations and the Comprehensive Plan. CONCURRENCY Concurrency for this site was established prior to final review of the Frenchman's Reserve PCD; therefore, this site is vested in terms of concurrency. PROJECT DETAILS Site Access Access to the site is available from the proposed Hood Road extension, which shall be constructed by the petitioner. The Hood Road extension shall connect Alternate A1A with Prosperity Farms Road, as required by the City's Comprehensive Plan. An internal PCD "spine road" shall access Pod A along with all other residential pods within the proposed PCD, with the exception of one (Pod H). The spine road shall intersect with the Hood Road extension at an approved roundabout. Signage There are no sign details proposed as part of this site plan approval; however, the location of the entrance signage has been noted on both the site plan and the landscape plan. The 2 • City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition SP -01 -02 petitioner is concurrently processing an application for entry features and signage throughout the PCD, which will incorporate the Pod A signage as part of that review and approval. La ndsca pin,q/Bufferin,q The petitioner is proposing common area plantings within the front entry feature (part of the entry features and signage submittal), as well as a streetscape plan for the Pod A. The petitioner is providing proto- typical model minimum landscaping plans for each lot, and for one versus two -story homes. The petitioner has provided a breakdown of the points for the prototypical landscaping plans, and staff has determined that the plans meet the minimum points requirement set forth by the landscape code. The petitioner has provided 45% open space in the overall PCD; however, the entry feature is the only common open space set aside in Pod A. Phasing Development of Pod A will be done in one phase. Model homes will be located on lots 1, 2, 3, 41, 42, and 43 of Pod A. The adjacent PCD spine road, lake and golf course construction will be occurring simultaneously with the construction of Pod A. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into adjacent lakes, that are part of the surface water management system for the project. 3 • • City council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition SP -01 -02 Waivers The petitioner is requesting waivers from the following code requirements: Code Section Required Provided Waiver Staff May 22, 2001 Recommendation P&Z Recommendation Section 75 — Rear 10 feet 0 feet 10 feet Support Support Setback, Screen Enclosure — Golf Course and Lake Section 75 — Rear 10 feet 3 feet 7 feet Support Support Setback - Upland Preserve Section 75 — Side 7.5 feet 7 feet .5 feet Support Support Setback, Screen Enclosures Section 217 — (c) No building Dry model Prior to Support with Support Platting permits building permits plat conditions of issued until prior to plat recordation approval plat recorded. recordation Section 256 — 5 foot sidewalks 4 foot sidewalk on One (1) Support Support Sidewalks required on one both sides of the foot side of the street street The petitioner has provided sufficient justification for all waivers. The justification is in the attached project narrative. STAFF RECOMMENDATION Staff recommends approval of petition SP -01 -02 with conditions of approval as contained in the attached resolution. Staff also recommends approval of five waivers from the LDRs, as requested by the petitioner. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this petition at its May 22, 2001 meeting and recommended approval with conditions. The Planning and Zoning Commission also recommended approval of the five waiver requests. GAShort Range\sp0102cc.doc 4 • Last Revised: Original: May 18, 2001 May 23, 2001 May 24, 2001 RESOLUTION 89, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "POD A' LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 43 SINGLE - FAMILY HOMES, LOCATED APPROXIMATELY '/4 MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -02) from Land Design South, agent for Toll Brothers Communities, Inc., for site plan approval of "Pod A" within the Frenchman's Reserve PCD, allowing for the development of 43 single - family homes, located approximately' /4 mile east of the intersection of Hood Road and Alternate Al A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks five waivers as part of site plan approval; and WHEREAS, the 11.35 -acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 22, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for 43 single - family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Pod A" within the Frenchman's Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the development of 43 single - family homes. LI Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and /or grantees: (1) Prior to issuance of the first building permit, the applicant shall provide a letter from Seacoast Utility Authority verifying the abandonment of the 10 -foot water easement traversing the parcel as shown on the Boundary Survey (City Engineer, Seacoast Utilities). (2) A maximum of six dry model permits may be issued, subject to staff review and approval, prior to recording the plat (Engineering and Planning & Zoning). (3) Prior to the first building permit, excluding dry models, the applicant shall record the plat (City Engineer). (4) The applicant shall post a letter of credit prior to the issuance of a building permit for the dry models in the amount of one -third (1/3) the construction cost (to be agreed upon by staff) per model, for the purposes of demolition and lien protection, to remain in effect until the plat is recorded (City Engineer). (5) The issuance of permits for construction of the six dry models prior to platting shall be limited to the model lots as shown on the site plan (City Engineer). (6) No individual lots shall be allowed to transfer title until the plat has been recorded (City Engineer). (7) No access by the general public will be allowed to a model home until the final certificate of completion is issued (City Engineer). (8) The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). (9) The applicant acknowledges that the waiver granted from the requirement for platting prior to building permit is at the applicant's risk and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant (Planning and Zoning). (10) Within thirty (30) days of site plan approval, the applicant shall provide a revised landscape plan indicating additional off -site landscaping adjacent to screen enclosures for lots with zero foot rear setbacks, to be approved by the Growth Management Department (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five waivers with this approval: 0 2 • (1) Section 75, Rear Setback, to allow for a three -foot rear setback for parcels adjacent to an upland preserve area. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. (2) Section 75, Rear Setback, to allow for a zero -foot rear setback for parcels adjacent to golf course or lake. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. (3) Section 75, Side Setback, to allow for a screen enclosure setback of seven (7) feet for non -zero side. The Land Development Regulations require a minimum 7.5 -foot setback for screen enclosures. A minimum seven —foot clear zone must be maintained between screen enclosures. (4) Section 256, to allow for two four -foot sidewalks on either side of the street. The Land Development Regulations require one five -foot sidewalk on one side of the street for cul -de -sacs with 80 lots or less. (5) Section 217, to allow for the issuance of a building permit for dry models only prior to the recordation of a plat. The Land Development Regulations require that plats be recorded prior to the issuance of the building permit. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) May 16, 2001 Site Plan, Land Design South, Sheet SP- 1. (2) May 15, 2001 Proto - typical Landscape Plan, Krent Wieland and Urban Design Studio, Sheets LA -PM1, LA -PM -2. (3) April 19, 2001 Street Tree Landscape Plan, Land Design South, Sheet LA -A1. (4) November, 2000 Prototypical Model Floor Plans and Elevations, Toll Architecture, Sheets A -1 and A -2. (5) April 18, 2001 Water, Sewer and Drainage Plan, Wantman Group, 1 Sheet. (6) April 5, 2001 Boundary Survey, Petzold Group, 1 Sheet. Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. 3 ATTESTED BY: CAROL GOLD, CMC, CITY CLERK 0 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO JOE RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY UILE_SMACOMPROMShort Range \sp0029re.doc • 4 AYE NAY ABSENT 11* DESIGN SOUTH Land Planning Landscape Architecture Environmental Consultation 561- 478 -8501 . FAX 561 - 4785012 • Congress bigness Center • 1280 N. Congress Avenue • Suite 215 • West Poorn Beac t Flodda 33409 PROJECT NARRATIVE City of P.B. Gardens FRENCHMAN'S RESERVE PCD APR. 19 21;..2 POD A GRvwtH MANAGEMENT ORIGINALLY SUBMITTED JANUARY 16, 2001 DEPARTMENT REQUEST/LOCATION This request is for Site Plan and Appearance approval for Pod A within the Frenchman's Reserve PUD. The Frenchman's Reserve PCD is located on the east side of Alternate AIA, approximately one (1) mile south of Donald Ross Road. The PCD is comprised of 434.19 acres with a total of 530 units proposed. Pod A is comprised of approximately 11.35 acres and is located in the northwestern portion of the PCD. The subject property is bounded by golf course holes 5 on the west side and golf course hole 6 on the east. To the north of the subject property is the proposed Hood/Flamingo Road (60 -foot ROW). South of Pod A will be the main collector for the community, which runs from the western portion of the property to the eastern portion: The subject property is comprised of a total of 43 zero lot line dwelling units with a total population of approximately 116 persons. The lots in this pod will be approximately 65' x 140'. The proposed densities are consistent with the low - density designation for Pod A on the Master Plan. We are also proposing to include six models within this pod. The models will be located on lots 1, 2, 3, 41, 42, and 43. Toll Brothers will be the developer of Pod A. Home construction practices and architectural styles will be consistent with the high quality of homes built in comparable Golf Course communities in Palm Beach Gardens. HISTORY On November 8, 2000 a revised Master Plan application was submitted to the City of Palm Beach Gardens. This application went before the Planning and Zoning Board Workshop on December 12, 2000. The Project received approval from the Planning and Zoning Board on January 9, 2001. Next the project went before the City Council Workshop and First Reading on February 15, 2001. The second reading is was held on March 15, 2001. The PCD application received final City Council approval on March 15, 2001. COMPLIANCE/LAND USE The proposed development is in compliance with all environmental ordinances of the City of Palm Beach Gardens. All surrounding property is zoned PCD and also has a Land Use Plan designation of RL. Development of this parcel is in conformance with the Master Plan currently in the review process. PHASING Development of Pod A will be done as one phase. Roadway, lake and golf construction will be occurring simultaneously with the construction of Pod A. ACCESS Frenchman's Reserve Pagel of 5 April 1 Pod A U, Roadway access to Pod A will be via the main collector road, which runs for the west to the east. This collector road (80 -foot right -of -way (ROW)) connects to Hood Road (60 -foot ROW), which connects to Dixie Highway (125 -foot ROW). Residents will access the individual lots via an eighty (80) foot and fifty (50) foot ROW. In the eighty (80) foot portion there will be a landscaped median with one way traffic on either side. The following table identifies the different zoning districts and land use designations surrounding Pod A. EXISTING ZONING AND LAND USE DESIGNATION Proposed Use Zoning District Future Land Use Designation Subject Property: PCD Low — max of 5 du/ac Pod A: (Master Plan RL 43 Zero Lot line Homes Designation Low Density) To the North of: 60' collector(Hood/Flamingo PCD RL Road) Yes, Council (required by LDRs) To the South of: PCD RL 80' Community Collector To the East of: PCD RL Golf Course Hole # 6 Yes in PCD) To the West of PCD RL Golf Course Hole # 5 The following table compares the proposed site plan with the City of Palm Beach Gardens Land Development Code. SITE ANALYSIS FRENCHMAN'S RESERVE POD G Required Proposed Consistent Density (Allowed on Low — max of 5 du/ac 3.27 du/ac Yes Master Plan) Maximum Building Lot Coverage 35% ° Single Family — 50% Yes, Council (required by LDRs) Zero Lots — 55% Approved Maximum Height Limit (Limits allowed 36 Feet 36 Feet Yes in PCD) MME-- Front Straight zoning varies from 35' to 25', (Subdivision code allows Zero Lots — 22.5 feet Yes Council Planned Developments to reduce to Approved 10' for side loaded garage & 20' for front loaded garage) Side Street 20' N /A, There are no side Yes street setbacks for this pod. Side Interior Code varies from 15' to 7.5' or 10% of lot which ever is greater. Zero Lots — 10 feet Yes There are no code provision for ZLL Building Separation Frenchman's Reserve Page 2 of 5 April 1 Pod A WAIVERS Deviations from the standards identified in the Palm Beach Gardens Land Development Regulations are allowed as part of the Planned Community Development (PCD) Zoning District we are requesting. The code allows for minor deviations from the required regulations in order to promote the development of a more unique community. The proposed community is considered superior design and function over a typical residential community in the RL -3 zoning district. The proposed community has an 18 -hole golf course and over 49 acres of preserve area. Many of the homes in the proposed community back up to either a golf course, preserve area or lake area. The regulations for residential developments in the RL -3 Zoning District are meant for communities without the large amounts of open space. Therefore, the City allows for minor deviations from the required development regulations. There are currently no land use regulations for zero lot line homes with the City of Palm Beach Gardens. Typically these homes are located on smaller lots with less separation between structures and decreased front and rear setbacks. This allows for different architectural elevations and floor plans. It also allows the developer to deliver a large square footage home without adding on the cost of a larger lot. In designing the layout for this community we studied previously approved plans by the City of Palm Beach Gardens. It is out belief that the proposed design is consistent with previously approved projects within the City, in intent and purpose as well as development standards. The following is a brief explanation of the requested waivers. Rear & Side Setback for Screen Enclosure. The applicant would like to request a waiver from Section 70 RL -3 Residential Low Density District, subsection (c), Table H, Property Development Regulations — Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater and a rear setback which requires a 10 foot setback. The required setback for pools, spas, and screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that pools, spas, and screen enclosures be allowed to be constructed 0 feet for the "Zero" side lot line (7.5' waiver), pools, spas, and screen enclosures to be allowed to be constructed 3 feet from the "non- zero" side lot line (4.5' waiver). Frenchman's Reserve Page 3 of 5 April 1 Pod A Zero Lot Line 12' 10' Yes, Council Approved Building Separation With Mechanical 10' Minimum 7' Yes, Council Equipment Approved Zero Lot Line Rear Building 10' Minimum Zero Lots — 10 feet Yes Rear & Side Setback for Pool Code varies from 25' to 10' for rear and 10% of lot width or 7.5', whichever is greater Rear -2' Single- Family Side — 2' Zero Side & Non Zero Side — 2' Yes Yes Yes Rear & Side Setback Code varies from 25' to 10' for Rear -0', except on lots No for Screen Enclosure rear and 10% of lot width or 7.5', adjacent to preserve, where whichever is greater setback is 3' Zero Side — 0 & 3' No Number & Size 5' on one side of the Street 4' on both sides of the street No Number (Required by Two spaces per dwelling unit plus Each unit will have a Yes LDR's) one space for each bedroom over minimum of a 2 car garage two . with a two cat apron WAIVERS Deviations from the standards identified in the Palm Beach Gardens Land Development Regulations are allowed as part of the Planned Community Development (PCD) Zoning District we are requesting. The code allows for minor deviations from the required regulations in order to promote the development of a more unique community. The proposed community is considered superior design and function over a typical residential community in the RL -3 zoning district. The proposed community has an 18 -hole golf course and over 49 acres of preserve area. Many of the homes in the proposed community back up to either a golf course, preserve area or lake area. The regulations for residential developments in the RL -3 Zoning District are meant for communities without the large amounts of open space. Therefore, the City allows for minor deviations from the required development regulations. There are currently no land use regulations for zero lot line homes with the City of Palm Beach Gardens. Typically these homes are located on smaller lots with less separation between structures and decreased front and rear setbacks. This allows for different architectural elevations and floor plans. It also allows the developer to deliver a large square footage home without adding on the cost of a larger lot. In designing the layout for this community we studied previously approved plans by the City of Palm Beach Gardens. It is out belief that the proposed design is consistent with previously approved projects within the City, in intent and purpose as well as development standards. The following is a brief explanation of the requested waivers. Rear & Side Setback for Screen Enclosure. The applicant would like to request a waiver from Section 70 RL -3 Residential Low Density District, subsection (c), Table H, Property Development Regulations — Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater and a rear setback which requires a 10 foot setback. The required setback for pools, spas, and screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that pools, spas, and screen enclosures be allowed to be constructed 0 feet for the "Zero" side lot line (7.5' waiver), pools, spas, and screen enclosures to be allowed to be constructed 3 feet from the "non- zero" side lot line (4.5' waiver). Frenchman's Reserve Page 3 of 5 April 1 Pod A a The applicant is requesting a waver to the 10 foot required rear setback. The applicant is proposing that pools, spas, and screen enclosures be allowed to be constructed 3 feet from the rear property line when adjacent to preserve area (T waiver) and 0 feet from the rear property line when not adjacent to preserve areas (10' waiver). All lots located in Pod G have rear frontage on some form of open space rather than another lot, which eliminates the impact that a reduced setback may have in a more standard subdivision. The developer will also be planting the areas in the rear of the units. The 3 feet when adjacent to the preserve are allows residents to access the rear of the property for maintenance on the landscaping as well as the screen enclosure/pool area. When adjacent to the golf course or lake maintenance easement, residents will be able to access the rear of their properties via the golf course open space or lake maintenance easement. Sidewalks. The applicant is requesting a waiver from Section 256 Sidewalks, Subdivision IV, Property Development Regulations — Minimum requirements, which requires a five -foot concrete sidewalk on one side of the street for roads which end in a cul -de -sac with access to less than 80 lots. Four (4) foot sidewalks have been provided on both sides of the street for Pod A. These sidewalks will allow all residents to easily access the pedestrian circulation system in place for the entire PCD. If sidewalks were located on one side only, it would require residents to cross - vehicular traffic to access the pedestrian circulation system. We feel the 4' sidewalks on both side of the street make a safer pedestrian circulation system. ARCHITECTURAL STYLE AND SPECIAL FEATURES Pod A will be developed as single family zero lot line homes. Included in this application is a Proto- Typical elevation of the style and character of the proposed homes. Design Guidelines for Pod A The follow design guidelines are being submitted to provide for consistency in the design and character of the homes within Pod A. • Unifying architectural treatments shall include: • Concrete Block Construction with textured or sand stucco finish • Double roll concrete tile roofs • Minimum 2 -car garages • Multi -pane front elevation windows • Roof styles shall be gable, hip, or Boston hip. • Garage doors paneled or with applied moldings. • Band treatments at windows and doors on sides of homes visible from street. • Smooth stucco band or precast stucco trim Building heights will not exceed 36 -feet. Decorative pavement shall be used on driveways and entry walks. Minimum quantities of plant material required for each lot are: 0 12 canopy trees or large palms ( "required" trees planted at 12' o.a. height and "required" palms species will provide a spread of 15 -feet at maturity.) 0 5 small trees /accent plants 0 350 shrubs and groundcover plants. *Note: The numbers of plants listed are minimum numbers only. Shrubs are planted at 3 gallon minimal; ground covers are planted at one - gallon minimum. No two homes located side by side shall have the same combination of exterior wall and trim color. • All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shall also return a minimum of 2 feet along side elevations. • No two homes located side by side shall have the same front elevation. Frenchman's Reserve Page 4 of 5 April 1 Pod A i • • Building lot coverage shall be limited to a maximum of 55 %. • Color selections for Pod A shall be as follows: • Roof Tiles — (Entegra) — Poinciana Blend, Addison Blend, Flagler Blend, Mizner Blend • Pavers/Drives/Walkways — (Paver Module) E -10, E -17, P -235, P-448. • Exterior Wall Colors — (Color Wheel), Tavern Taupe (8673M), Northern Plains (8242W), Plantation Beige (8213M), Crisp Khaki (8233M) • Exterior Trim Color — (Color Wheel), Tequila (8672W), Botany Beige (8221W), Sandy Lane (8211 W), Sawyers Fence (8231 W) LIGHTING Streetlights will be field located to avoid conflicts with street trees and utilities. Streetlights are shown on the plan submitted with this justification statement. More detailed lighting plans will be submitted at a latter date. LANDSCAPE PLANS This application includes a Common Area Planting which includes several varieties of trees, shrubs, and groundcovers. It is the intent of the developer to submit the detailed entry features/signage and landscaping at a future date for City Council approval. The Property Owners Associations will do maintenance of all common area landscaping. PARKING Required parking is calculated at two spaces per dwelling units plus one space for each bedroom in excess of two per dwelling. Each unit type will provide a minimum of a two -car garage with two spaces in the driveway apron. SIGNAGE The location of the entrance sign has been noted on both the site plan and landscape plan. It is the intention of the developer to submit a comprehensively designed signage package at a later date for review and approval of the City Council for all project signage. DRAINAGE Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into adjacent lakes which are part of the surface water management system for the project. (See attached master drainage statement from The Wantman Group). GAlsubmittal docsTrenchman's Pod A Justification Statement.doc File #: 512.31- Frenchman's Reserve Page 5 of 5 April 19 Pod A LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 31. TOWNSHIP 41 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST ONE - QUARTER (NE 1/4) OF SAID SECTION 31; THENCE SOUTH 02'10'27" WEST, ALONG THE EAST LINE OF THE NORTHEAST ONE - QUARTER (NE 1/4) OF SAID SECTION 31, A DISTANCE OF 1405.04 FEET; THENCE NORTH 87'49'33" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 3954.93 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 12'43'11" EAST, A DISTANCE OF 403.67 FEET; THENCE SOUTH 77'16'49" WEST, A DISTANCE OF 190.40 FEET; THENCE NORTH 12'43'11" WEST, A DISTANCE OF 40.50 FEET; THENCE SOUTH 77'16'49" WEST, A DISTANCE OF 140.40 FEET; THENCE NORTH 12'43'11" WEST, A DISTANCE OF 406.75 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1165.40 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25'30'25 ", A DISTANCE OF 518.81 FEET; THENCE NORTH 12'47' 13" EAST, A DISTANCE OF 227.87 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 835.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10436'42 ", A DISTANCE OF 154.65 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02'10'32" EAST, A DISTANCE OF 195.27 FEET; THENCE SOUTH 87'49'28" EAST, A DISTANCE OF 193.40 FEET; THENCE NORTH 02'10'32" EAST, A DISTANCE OF 42.17 FEET; THENCE SOUTH 87'49'28" EAST, A DISTANCE OF 170.90 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 268.56 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 65'06'48" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39'00'49 ", A DISTANCE OF 182.87 FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 55.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39'55'07 ", A DISTANCE OF 38.32 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49'34'01 ", A DISTANCE OF 86.51 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1165.40; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08'18'31 ", A DISTANCE OF 169.00 FEET; THENCE SOUTH 12'47'13" WEST, A DISTANCE OF 227.90 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 834.60 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25'30'25 ", A DISTANCE OF 371.55 FEET TO THE POINT OF BEGINNING. CONTAINING 494,516 SQUARE FEET OR 11.353 ACRES, MORE OR LESS. • • '�EXIST'I.N C'Z® " Gp K Ig N M- ,QMN1 S EXISTING US.E ZONING:. . I BIUS'E , .: R ;LA Subject Property Planned Development Area Vacant/Undeveloped (PDA) Residential — Low (RL) North Planned Community District Frenchman's Creek Planned Residential — Low Density (RL) Community District (PCD) South Residential Low — 3 Frenchman's Reserve Pod 'G' (RL -3) w/ Planned Community Residential — Low (RL) District (PCD) Overlay East Residential Low — 3 Frenchman's Reserve Pod 'B' (RL -3) w/ Planned Community Residential — Low (RL) District (PCD) Overlay West Alternate A1A, FEC Railroad Public /Institutional Public Seacoast Utilities • • CkOIVSJSTEIVC WI E-1 irnEW Code Requirement `+� Propo e"d Plan 'consistent °� 1Naiver` Requested: Maximum Density for: Yes RL -3 = 5 du /acre 3.79 du /acre Minimum Site Area for RL -3: Yes 6,500 SF 9100 SF Minimum Site Width for: RL -3 = Yes 65 feet 65' Maximum Building Lot No Waiver Coverage for RL -3: 35% 55% granted: PCD Approval Maximum Building Height for Yes RL -3: 36 feet 36' Front Setback for RL -3: No Waiver 25 feet Zero lots — 22.5 feet granted: PCD Approval Building Side Setback for: No Waiver RL -3 = >7.5 feet or 10% lot 0 granted: width PCD Approval Screen Enclosure Side 7 feet No Yes Setback (non -zero side) for RL -3 = 7.5 feet of 10% lot width Side Setback Facing a Street N/A for: N/A RL -3 = 20 feet Rear Setback for: Zero Lots — 10 feet for Building Yes RL -3 = 10 feet Setback Rear Setback for: Zero Lots — 0 -foot for screen No Yes RL -3 = 10 feet enclosure setbacks, adjacent to lakes /golf course Rear Setback for: Zero Lots — 3 foot for screen No Yes RL -3 = 10 feet enclosure setbacks, adjacent to upland preserve Minimum Building Separations: Seven feet between mechanical Yes 10 feet between buildings and 7 equipment feet between mechanical equipment Sidewalks: Two four -foot sidewalks No Yes One five -foot sidewalk on one side of road Platting: Issuance of building permit No Yes Plat recordation required prior prior to building permit To recordation of the plat. 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In 4 O m cr fi x m ■TOLL ARCW]l*&lVREE H . • • ,• • j[DI 19 16 a I — I Fil Fol F, lr--Y;. F I uwm ,mcu . t ❑0000 V i -+ - 0000 m 0000 iii o uwm ,mcu . t r • JI r O 1':N1 O f�5fff -� Z s i 1 � r � i 1 i 1 � i 7 T�r 1 L � 1 1 ! >M 1 1 I 1 a , I 1 t ; 11 s• 11 's n � •�� 11 , N •< o � a f.' i i • IC - -_ J 1 i 1 1 NTOLL I nI IN! fl-11 I'T 711 . � --- .--� : , 0 CITY OF PALM BEACH GARDENS • City Council Growth Management Department Staff Report Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 SUBJECT /AGENDA ITEM Petition SP -01 -07 — Frenchman's Reserve Entry and Signage. Consideration of Approval: A request by Jennifer Morton of Land Design South, on behalf of Toll Brothers Communities, Inc., for site plan approval of Entry Features and Signage within the Frenchman's Reserve Planned Community Development (PCD). RECOMMENDATION Staff recommends approval of Resolution 90, 2001, subject to conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Gr h Management: Action: Principal Plan Karen M. aver A C Costs: $ [ ] Approved City Attor ey Project Total [ l App. w/ conditions Manager [ ] Denied Finance NA Edward A. Toomari $ [ ] Rec. approval Human Res. NA Current FY [X] Rec. app. w/ conds. [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: GrowtGrowth h Date: [ ]Operating • Resolution 90, 2001 Manag t Paper: [ ] • Legal Description Charles K. Wu, AICP Other N/A • Project Narrative [X] Not Required • Sign Elevations • Landscape Plan Approved b Pp y: City Mana er Budget Acct. #: • Structure Elevations d parties: [ ] Notified [ ] None [ x ] Not Required REQUEST Jennifer Morton of Land Design South, agent for Toll Brothers Communities, Inc., is requesting site plan approval for Entry Features and Signage within the Frenchman's Reserve Planned Community Development (PCD). The Frenchman's Reserve PCD is • City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition SP -01 -07 bounded by Frenchman's Creek PCD to the north, Alternate Al to the west, Frenchman's Forest County Preserve and Frenchman's Landing PUD to the east, and Cabana Colony residential subdivision to the south (41- 34S -42E). BACKGROUND On March 15, 2001, City Council adopted Ordinance 4, 2001, which approved the Master Plan for Frenchman's Reserve Planned Community Development (PCD) for 530 dwelling units. Currently, no residential pods have yet received final City Council approval. At this time, only the temporary sales center has received a building permit, as permitted by the PCD Master Plan approval. This petition shall be subject to all applicable PCD requirements. LAND USE & ZONING The subject site is zoned PCD with an underlying zoning of Residential Low RL -3, and has a future land use designation of Residential Low (RL). The proposed use is consistent with the Land Development Regulations and the Comprehensive Plan. 0 CONCURRENCY Concurrency for this site was established prior to final review of the Frenchman's Reserve PCD; therefore, this site is vested in terms of concurrency. PROJECT DETAILS Signa_ge The applicant has submitted a master signage program for all residential entry signs within the PCD, including two (2) entry signs at the intersection of Hood Road and Alternate Al A, as well as one (1) sign at the Hood Road roundabout entrance. The applicant has requested a waiver to allow the two (2) signs for the main entry area. The amount of proposed signage is not permitted by code. All other proposed signage is in compliance with the City's sign code. Entry Features, Gatehouse and Hardscapinp Main Entrance Feature Landscape Plan The main entrance to the development is located along the western border of the PCD, immediately to the east of the intersection of Hood Road and Alternate A1A. The PCD Spine Road intersects Hood Road at a roundabout, which is a 130 -foot 0 -wide public right —of -way. The right -of -way width of the PCD Spine Road at the 2 City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition SP -01 -07 location of the entry features is approximately 100 feet and includes an 8 —foot -wide meandering pedestrian pathway on both sides of the roadway, and a guard house within a landscaped 35- foot -wide median. Although a public right -of -way owned by the County, the roundabout includes entry features and landscaping, as well as a 45- foot- high. clocktower and fountain. It will be necessary for the petitioner to obtain a permit from Palm Beach County to construct the entry features within the roundabout. Temporary Information Center The attached sheet L -2 depicts the proposed elevation for the temporary information center. This center will be located north of the intersection of Alternate A1A and Hood Road, and will be removed within 30 days of the issuance of the first certificate of occupancy issued for Pod G. Entry Hardscape Features The attached sheet L -3 depicts the elevations of the clock tower fountain and the entry signage. The proposed clock tower will be approximately 45 feet in height and the attached wall will be approximately eight feet in height. The applicant has requested a waiver from the LDRs to allow for an eight- foot -high wall within a residential area. Model Park Hardscape Details The attached sheets L-4 and L -5 depict the entrance features for Pods G and A, including the model park within Pod G. The entry features will include pedestrian paths, arches and fountains, and will mirror each other on either side of the PCD spine road. Entry Hardscape Detail and Features The attached sheets L -6, L -7, L -8, and L -9 depict the details for the entry fountains, signage and hardscaping located in the median at the main entry, within the PCD Spine Road and in front of each residential pod entrance within the PCD. Landscaping The applicant has provided landscape plans for the entry areas into the PCD, including the Hood Road right -of- way /roundabout (Sheet L -1). The landscape plans are consistent with the landscape plans submitted with the PCD Master Plan petition. In addition, the applicant has submitted landscape plans for the areas immediately surrounding the entry features in front of each residential pod (Sheet L -1 b). As a condition of approval of the PCD master plan, the applicant shall be required to submit detailed landscape plans for the spine road 0 prior to the issuance of a building permit for any phase of said roadways. 3 • • • City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition SP -01 -07 Phasinq The applicant shall install entry features, hardscaping, and signage in conjunction with the development of residential pods and construction of the PCD spine road and Hood Road extension, as required by the PCD development order. Waivers The petitioner is requesting waivers from the following code requirements: Code Section Required Provided Waiver Staff May 22, 2001 Recommendation PU Commission Section 75 — 36 feet 45 feet on a 19 feet Support Support Maximum Building 10 -foot berm Height = 55 feet Section 136 — One per residential Three 2 Support Support Permitted Signs entry additional si ons Section 99 — Yards Wall heights not to 8 feet 2 feet Support Support exceed six -feet in height Section 217 - (c) No building building Prior to Support with Support Platting permits issued permits for b.p. conditions of until plat recorded. vertical approval construction rior to b. . The petitioner has submitted adequate justification for the waivers; therefore, staff supports the waivers. The petitioner's justification is attached. STAFF RECOMMENDATION Staff recommends approval of Petition SP -01 -07 subject to the conditions of approval contained in the attached resolution. Staff recommends approval of all four waivers requested by the petitioner. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this application at its May 22, 2001 meeting. The Commission unanimously recommended approval of the petition. The commission unanimously recommended approval of all four waivers requested by the petitioner. \\FlLE_SWCOMPROG\Short Range\sp0107cc.doc 4 Last Revised: Original: May 18, 2001 May 23, 2001 RESOLUTION 90, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION ALLOWING FOR THE CONSTRUCTION OF ENTRY FEATURES AND SIGNAGE WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT (PCD) AND ADJACENT COUNTY RIGHT -OF -WAY, LOCATED DIRECTLY EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -07) from Land Design South, agent for Toll Brothers Communities, Inc., for site plan approval allowing for the construction of entry features and signage within the Frenchman's Reserve PCD and adjacent County right -of -way, located directly east of the intersection of Hood Road and Alternate Al A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks four waivers as part of site plan approval; and WHEREAS, the 434.19 acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 22, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for the construction of entry features and signage within the Frenchman's Reserve PCD and adjacent County right -of -way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan allowing for the construction of the entry features and signage within the Frenchman's Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, and within the adjacent right -of -way. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and /or grantees: (1) Prior to issuance of the first building permit, the applicant shall provide certified structural plans signed and sealed by a professional engineer licensed in the State of Florida for all walls, columns, arches, and fountains (City Engineer). (2) The applicant shall post a letter of credit prior to the issuance of a building permit in the amount of one -third (1/3) of total construction cost to be agreed upon by staff for all entry features requiring a building permit, including but not limited to the clocktower, guard house, entry walls, etc., for the purposes of demolition and lien protection, to remain in effect until the plat is recorded (City Engineer). (3) The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). (4) The applicant acknowledges that the waiver granted from the requirement for platting prior to building permit is at the applicant's risk, and that any potential construction changes to the structures due to the eventual plat recordation is the sole responsibility of the applicant (Planning and Zoning). (5) Prior to issuance of first building permit for structures within rights -of -way, the applicant shall provide staff with an approved permit from Palm Beach County allowing for the construction of entry feature structures within County right -of -way (City Engineer, Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following four waivers with this approval: (1) Section 75, Residential districts, to allow for a maximum structure height of 55 feet (45 -foot high clocktower atop a ten (10) foot berm). The Land Development Regulations allow for a maximum height of 36 feet in residential zoning districts. (2) Section 136, Permitted signs, to allow for two (2) additional entry signs for the PCD Spine Road. The Land Development Regulations allow for one (1) entry sign per residential subdivision. (3) Section 99, Yards, to allow for an eight (8) foot -high wall within a residential zoning district. The Land Development Regulations allow for a maximum wall height of six (6) feet within residential zoning districts. (4) Section 217, Platting, to allow for issuance of a building permit for vertical construction prior to recordation of a plat. The Land Development Regulations 0 2 0 require recordation of plats prior to issuance of the building permit. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) May 16, 2001 Landscape Plan, Krent Wieland and UDS, Sheets L -1 and L1 b. (2) January 29, 2001 Temporary Information Center Elevation, Krent Wieland and UDS, Sheet L -2 (3) May 16, 2001 Entry Hardscape Feature, Krent Wieland and UDS, Sheets L -3. (4) May 16, 2001 Model Park Hardscape Detail, Krent Wieland and UDS, Sheet L-4. (5) April 16, 2001 Model and Entry Hardscape Detail, Krent Wieland and UDS, Sheet L -5 and L -6. (6) February 7, 2001 Entry Hardscape Feature, Krent Wieland and UDS, Sheet L -7 through L -9. (7) April 20, 2001 Spine Road Landscape Detail, Krent Wieland and UDS, Sheet LA- SRLA. (8) April 20, 2001 Guard House Construction Plans, Peacock and Lewis, Sheets C -CS- 1, C -A -1 — C -A -5. (9) April 20, 2001 Guard House Construction Plans, Peacock and Lewis, Sheets F -A -2, F -A -3. Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE ATTESTED BY: DAY OF 2001. JOE RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROL GOLD, CMC,CITY CLERK LEONARD RUBIN, CITY ATTORNEY • VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO MILE_SWCOMPROG \Short Range \sp0107re1.doc • 0 4 AYE NAY ABSENT _ -»9. FLAMINGO ROAD a 29 - -«s.92 (ASPHALT ROADWAY) AS FOLLOW: N ' DING" . .. .................. ELEV. -12.78 N.G.V.D. 29 0 M 'LONG 11 ... ............. ELEV. =13.21 N.G.V.D. 29 'TROG. .. .................. ELEV. =13.25 N.G.V.D. 29 U) 'PF- 8" ...................ELEV. =6.71 N.G.V.D. 29 LEGAL DESCRIPTION r.07 A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43'EAST, 9.0 PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH <z 02 10'27" WEST ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 450 2663.31 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 31; THENCE SOUTH 02 10'58" WEST ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE 0 v OF 1409.53 FEET TO A POINT ON THE NORTHERLY CANAL RIGHT -OF -WAY LINE, AS SHOWN ON PLAT NO. 1 PALM BEACH CABANA COLONY, AS RECORDED IN PLAT I BOOK 26, PAGES 203 THRU 205, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THE FOLLOWING COURSES BEING ALONG SAID CANAL RIGHT -OF -WAY Q LINE UNLESS OTHERWISE DESCRIBED; THENCE NORTH 88 44'50" WEST, A DISTANCE OF 150.02 FEET; THENCE SOUTH 02 10'58" WEST, A DISTANCE OF 14.84 FEET; THENCE NORTH 88 44'50" WEST, A DISTANCE OF 1343.46 FEET TO A POINT 1 •01 OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 16 10'50" AND A RADIUS OF 1460.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 412.31 FEET TO A -� POINT OF TANGENCY; THENCE NORTH 72 34'00" WEST, A DISTANCE OF 410.43 Z Z Q FEET; THENCE NORTH 58 44'50" WEST, A DISTANCE OF 469.81 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE. CONCAVE TO THE NORTHEAST, HAVING W F Q A CENTRAL ANGLE OF 60 00'00" AND A RADIUS OF 220.00 FEET; THENCE Q .. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 230.38 FEET O U N � h- TO A POINT OF TANGENCY; THENCE NORTH 01 15'10" EAST, A DISTANCE OF 167.22 FEET TO A Z _ W if) ~ POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 90 00'00" AND A RADIUS OF 275.00 FEET; THENCE NORTHWESTERLY 7 ALONG THE ARC OF SAID CURVE, A Z_ O O Z '- DISTANCE OF 431.97 FEET TO A POINT OF TANGENCY; THENCE NORTH 88 44'50" o Q WEST ALONG THE NORTHERLY REMAINING PORTION OF SAID CANAL RIGHT -OF- N J w WAY AND THE NORTHERLY LINE OF THE PLAT OF PALM BEACH CABANA COLONY W L&_ O COMMERCIAL AREA, AS RECORDED IN PLAT BOOK 27, PAGE 59, PUBLIC RECORDS U ti (n < OF PALM BEACH COUNTY. FLORIDA, A DISTANCE OF 2090.01 FEET TO A POINT ON W W L 0- THE EASTERLY RIGHT -OF -WAY LINE OF ALTERNATE A -1 -A (STATE ROAD NO. 8 AS F- Z RECORDED IN OFFICIAL RECORD BOOK 3694, PAGES 1690 AND 1691, PUBLIC N Q W RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01 20'27" EAST (n Z < J � ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 24.07 FEET; THENCE NORTH d. = oY 24 46'11" EAST ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 65.39 FEET; - U p THENCE NORTH 01 20'27" EAST ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 27.50' Z m 2911.31 FEET; THENCE SOUTH 89 02'37" EAST DEPARTING FROM SAID RIGHT -OF- 39.50' W GINAPLAT 89m O96-99. CPU8UC Q AS RECORDED BOOK PAGES RECORDS OF PALM -j BEACH COUNTY, FLORIDA, A DISTANCE OF 1448.40 FEET; THENCE NORTH •. LL_ n- 76 28'45" EAST ALONG SAID SOUTH PLAT UNE A DISTANCE OF 100.00 FEET; M - THENCE SOUTH 89 02'37" EAST ALONG SAID SOUTH PLAT LINE AND THE SOUTH LINE OF FRENCHMAN'S CREEK PARCEL E2, AS RECORDED IN PLAT BOOK 58, Irj PAGES 157 -160, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, A DISTANCE OF 3666.70 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. N CONTAINING 423.14 ACRES MORE OR LESS. --- - - - - -- ■9.44 SURVEYORS NOTES: 1.) THE ELEVATIONS HEREON ARE BASED ON PALM BEACH COUNTY BENCHMARKS AS FOLLOW: N ' DING" . .. .................. ELEV. -12.78 N.G.V.D. 29 O 'LONG 11 ... ............. ELEV. =13.21 N.G.V.D. 29 'TROG. .. .................. ELEV. =13.25 N.G.V.D. 29 U) 'PF- 8" ...................ELEV. =6.71 N.G.V.D. 29 "PF- 7' ......... ......... ELEV. -6.92 N.G.V.D. 29 "SEC COR 29 /32 ".ELEV.- 9.59 N.G.V.D. 29 9.0 "MONET 3 " .............ELEV. -14.14 N.G.V.D. 29 X9.10 THE AFOREMENTIONED BENCHMARKS WERE FOUND AS DESCRIBED BY THE PALM BEACH COUNTY SURVEY DEPARTMENT. ALL ELEVATIONS HEREON ARE RELATIVE THERETO. 2.)THE PURPOSE OF THIS SURVEY IS TO SHOW ONO TOPOGRAPHY. ON -SITE IMPROVEMENTS ARE NOT SHOWN HEREON. INTERIOR LIVESTOCK FENCING IS NOT DEPICTED HEREON. SHOTS HEREON ARE DEPICTED AT 200 FOOT GRID INTERSECTIONS. 3-)BEARINGS HEREON BASED UPON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 31/41/43. BEARING BEING N 01'40'32" E. ALL BEARINGS ARE RELATIVE THERETO. 4.) NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY THIS OFFICE. 5 NO WETLANQ BOUNDARIES WERE LOCATED BY THIS OFFICE. �. +'9.34 6. REFER TO TOPOGRAPI*C SKETCH OF ALTERNATE A -1-A FOR IMPROVEMENTS OF SAID ROADWAY. - 7.) BELOW GROUND _UTiUT1ES AND SUBSURFACE ENCROACHMMTS WERE NOT LOCATED BY THIS OFFICE . Q N D Land Planning D ES I G N Landscape Architecture Environmental Consultation SOUTH561 -478 -8501 • FAX 561. 4785012 • Congress Business Center • 1280 N. Congress Avenue . Sulte 215 • Wesf Palm Beach, Fbrw 33409 Request/Location This request is for Site Plan and Appearance approval for the signage and"entry feature design for the Frenchman's Reserve PUD. The Frenchman's Reserve PCD is located on the east side of Alternate AIA, approximately one (1) mile south of Donald Ross Road. The PCD is comprised of 434.19 acres with a total of 530 units proposed. This submittal is for the main project entry feature and signage as well as each individual pods entry feature and signage. Each page of the plans submitted with this application package will be reviewed in this justification statement. History On November 8, 2000 a revised Master Plan application was submitted to the City of Palm Beach Gardens. This application went before the Planning and Zoning Board Workshop on December 12, 2000. The PCD then went before the Planning and Zoning Board Public Hearing on January 19, 2001. The P & Z Board recommended approval of the PCD. The PCD is scheduled to go before the City Council on February 15, 2001 for the first reading and March 15, 2001 for the second reading and final adoption. The City Council approved Resolution 124,1999 which allows for the concurrent processing of site plans while the PCD Master Plan application is being reviewed. The uses and densities proposed for Pod D are consistent with those of the Master Plan currently being reviewed. The applicant understands that the PCD amendment application must be approved prior to approval of this application. Architectural Style and Special Features The entry features for each pod will be constructed in succession with the individual pods. The main project entry feature will be constructed in succession with the first pod being developed. Main Entrance Feature Landscape Plan (L-I): The main entrance to the proposed development is located along the western border of the PCD. The main entrance is from Alt AIA. The ROW at this section is approximately 100'. There will be an 8' meandering pedestrian pathway on both sides of this section of the entrance feature. The entry feature is centered on a clock tower fountain. Upon entering the project from Alt. AIA, a vehicle would either enter into the proposed community or circle around the clock tower and continue north on Flamingo Road. The entrance to the project is a 130' ROW. It includes 8' pedestrian paths on both sides of the road and a 35' median with a fountain. The entry to project includes a guarded gated entry. The proposed plant list for this entry is clearly identified on sheet L -1 of the plans submitted with this application package. Frenchman's Reserve Page 1 of 3 February 9, 200' Entry Features PROJECT NARRATIVE City of PB• Gardens FRENCHMAN'S RESERVE PCD AAA 24 �uul ENTRY FEATURE AND SIGNAGE GRuwIH ORIGINALLY SUBMITTED FEBRUARY 9, 2001 DE ARTMENTT REVISED APRIL 23, 2001 Request/Location This request is for Site Plan and Appearance approval for the signage and"entry feature design for the Frenchman's Reserve PUD. The Frenchman's Reserve PCD is located on the east side of Alternate AIA, approximately one (1) mile south of Donald Ross Road. The PCD is comprised of 434.19 acres with a total of 530 units proposed. This submittal is for the main project entry feature and signage as well as each individual pods entry feature and signage. Each page of the plans submitted with this application package will be reviewed in this justification statement. History On November 8, 2000 a revised Master Plan application was submitted to the City of Palm Beach Gardens. This application went before the Planning and Zoning Board Workshop on December 12, 2000. The PCD then went before the Planning and Zoning Board Public Hearing on January 19, 2001. The P & Z Board recommended approval of the PCD. The PCD is scheduled to go before the City Council on February 15, 2001 for the first reading and March 15, 2001 for the second reading and final adoption. The City Council approved Resolution 124,1999 which allows for the concurrent processing of site plans while the PCD Master Plan application is being reviewed. The uses and densities proposed for Pod D are consistent with those of the Master Plan currently being reviewed. The applicant understands that the PCD amendment application must be approved prior to approval of this application. Architectural Style and Special Features The entry features for each pod will be constructed in succession with the individual pods. The main project entry feature will be constructed in succession with the first pod being developed. Main Entrance Feature Landscape Plan (L-I): The main entrance to the proposed development is located along the western border of the PCD. The main entrance is from Alt AIA. The ROW at this section is approximately 100'. There will be an 8' meandering pedestrian pathway on both sides of this section of the entrance feature. The entry feature is centered on a clock tower fountain. Upon entering the project from Alt. AIA, a vehicle would either enter into the proposed community or circle around the clock tower and continue north on Flamingo Road. The entrance to the project is a 130' ROW. It includes 8' pedestrian paths on both sides of the road and a 35' median with a fountain. The entry to project includes a guarded gated entry. The proposed plant list for this entry is clearly identified on sheet L -1 of the plans submitted with this application package. Frenchman's Reserve Page 1 of 3 February 9, 200' Entry Features • Temporary Information Center (Lr2): This sheet shows the proposed elevation for the temporary information center. This center will be located to the north of the main entrance to the project from Alt. AIA. Entry Hardscape Features (L-3): This sheet displays the elevations of the clock tower fountain and the entry signage. The proposed clock tower will be approximately 45 feet tall. The entry wall will be approximately 8' in height. Model Park Hardscape Details (L4): This sheet displays the proposed pedestrian arches and benches proposed for the model park in Pod G. Model & Entry Hardscape Details (1.,5): This sheet shows the entrance feature for Pod G and Pod A. The model park for this development will be located in Pod G. This sheet shows the elevations of the proposed entry features. The entry feature will be an actual pedestrian path with fountain. The plan view shows the steps up to the feature and the steps down. The two features will mirror each other from one side of the street to the other. Entry Hardscape Details (L-6): This sheet shows the detail for the entry fountain located in the median at the projects main entry. Entry Hardscape Features (I-7): This sheet displays renderings of what the entrance features will look like for Pods B and C. Entry Hardscape Features (L-8): This sheet shows the entry feature for the recreation center entrance and Pod D. This is a center island proposed at this intersection. Within the center Island there will be another fountain. Entry Hardscape Feature (Lr9): This sheet displays the entry feature for Pod E and Pod R. The sheet shows the location of the feature on a plan view, then shows a rendering, and then an elevation. Lighting Streetlights will be field located to avoid conflicts with street trees and utilities. Streetlights are shown on the plan submitted with this justification statement. Streetlights will be located 50' on center at the main entrance to the project. More detailed lighting plans will be submitted at a later date. Landscape Plans This application includes a Common Area Planting which includes several varieties of trees, shrubs, and groundcovers. It is the intent of the developer to submit the detailed entry features/signage and landscaping at a future date for City Council approval. The Property Owners Associations will do maintenance of all common area landscaping. Parking The main entry shows one parking space for the guard. This parking space is located directly to the southeast, behind the guardhouse. Signage On each of the sheets the signage is shown on the entry feature. The signage for the site in incorporated into the entry features. Frenchman's Reserve Page 2 of 3 February 9, 200 Entry Features r • • Waiver Requests We are proposing the following waivers for the Entry Feature: 1. We are proposing a 45' clock tower on a 10' berm. The maximum height of any structure is allowed is 36' from grade. We are in excess of the code requirement by 9'. The diameter of the roundabout is 100' and the clock tower height is required to be 45' in height to fit proportionately in the roundabout. Also, the clock face at the top of the tower needs to be large enough to be visible. The resulting scale of the tower increases to make the tower proportionate to the clock face. 2. We are proposing two entry signs at Alt. A]A and also at the entrance into our residential development at the roundabout. The first set of signs is required for identification along project frontage for Alt. AIA. The second set of signs is required to provide identification for the actual project entrance from Hood Road. In addition, the proposed project signage is consistent in character and aesthetics along Alt. AIA. 3. The wall height at the entryfeature is 8'. The code only allows a maximum wall height of 6'. We are requesting the wall height to be increased to 8' to allow for larger lettering for visibility along the four -lane median divided highway. Traffic will be traveling at higher speeds than other minor collector roads and the lettering will have to be larger to be visible from car. G:\submittal docs\Frenchman's Entry Feature Justification Statement.doc File #: 5123S Frenchman's Reserve Entry Features Page 3 of 3 February 9, 20= V tjq,(-f) Q) rj !w ^U) c 0 O -C U Q) LL eog +al r a O z 0 d x v W m I e Q .rT CUB' V W LO W �ZC¢- 6 W v W O C, J O O O Z ~ a U O d Y V O V Q w a Ll rl i�l I N r 1 • • lip, IP- 14 I u At, 0 4U of ul O lu • ------------ -T" - Nt oil- 0 0 uj LU 0 0 0 ui O 0 tu 03 w 3 rl tu A: zl O tu -J, '? Lu & = 1.5 W W .. ON 0 -K Lu LU w I" �lb a L-- I 175 a tit Ti '107 . . . . . . . . . . . . . . us us 0 su ul W 0 4 I.- J� LL us JIB • 9 lit; IMP 313,11,1111.11,12 • It i. O C? 0 ,u co Q ? g1► lit Isl • 9 lit; IMP 313,11,1111.11,12 • It i. O C? 0 ,u co Q ? g1► jj..... 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Reviewed by: Originating Dept.: Costs: $ 0 (Total) Council Action: City Attom Growth Management [ j Approved Finance I $ 0 Current FY [ ] Approved w/ conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other Submitted y� Sean C. Donahue, P.E. Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ j None App rovec by: / City M6nager [X] Not required BACKGROUND: See attached memorandum. CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS `Partners For Results Value By Design' 50 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.E. Sch DATE: May 25, 2001 FILE NO. 98 -0216 SUBJECT: Village Square Professional Park -Plat We have completed our review of the plat for the referenced project prepared by Brown & Phillips, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat, therefore we recommend its approval. SCD/ P:\PROJECTS\PBGMEMO\0216\0216q 0 RESOLUTION NO. 94, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE VILLAGE SQUARE PROFESSIONAL PARK PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Village Square Professional Park Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Village Square Professional Park Plat consisting of two (2) sheets dated May 2001, prepared by Wallace Surveying Corporation, attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY JOSEPH R. RUSSO MAYOR Resolution 94, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello • U-] AYE NAY ABSENT 10 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • 0 Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 SUBJECT /AGENDA ITEM Second Reading /Public Hearing: Ordinance 12, 2001, a request for approval of a setback waiver so as to allow a monument ground sign that will be located less than 50 feet from a non - right -of -way property line. RECOMMENDATION Staff recommends approval of Ordinance 12, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ Current FY conditions ACM Human Res. NA [ ]Denied Other NA Advertised: Funding Source: [ ] Continued to: Date: May 28, 2001 [ ] Operating Attachments: Paper: The Palm [ ] Other • Table 1 — Existing Zoning & Land Use Beach Post • Table 2 — Consistency w/ Code • Ordinance 12, 2001 • Ordinance 20, 1987 • Sign Location Plan [ ] Not Required • Aerial S ylitte by: w anarment`-1 Affected parties Budget Acct. #:: Director X N tified [ ] None Appro by: City nag [ ] Not required • City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition MISC -99 -24 REQUEST: Dave Clark, agent for the PGA Marriott located at 4000 RCA Boulevard, requests approval for a monument ground sign to be located at the entrance to the site. The proposed illuminated sign will be five feet in height and five feet in length. Because of the configuration of the site, the proposed sign cannot meet the 50 -foot setback from a non - right -of -way property line required by Section 136 of the City's Land Development Regulations. Therefore, approval of the proposed sign requires a waiver from Section 136. The site is located south of the intersection of 1 -95 and PGA Boulevard, on the southeast side of 1 -95. (1- 42S -42E) BACKGROUND The PGA Marriott Hotel is a 267 -room hotel originally approved as a Planned Unit Development (PUD) with the adoption of Ordinance 20, 1987 (see attached). Currently, the site does not have a ground sign. LAND USE & ZONING The subject site is zoned General Commercial (CG -1) with a Planned Unit Development (PUD) overlay, and has a future land -use designation of Commercial (C). CONCURRENCY Concurrency review for the proposed monument sign is not required. WAIVER REQUEST The applicant is requesting the following waiver for the location of the ground sign: Minimum setback for a sign from a non - right -of -way property line — Section 136, which requires a minimum sign setback of 50 feet from a non - right -of -way property line, to allow for a 36.1 -foot setback (a waiver of 13.9 feet). COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) To date, no objections have been received from the following departments and agencies: Building Division, Planning & Zoning Division, Fire Department, Police Department, Parks & Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County School District, Northern Palm Beach County Improvement District, South Florida Water Management District, Waste Management, and Florida Power & Light. City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition MISC -99 -24 STAFF RECOMMENDATION The configuration of the site is such that the access point is only 88 feet in width. Because of this configuration, the applicant cannot practicably locate a ground sign that would meet the minimum setback from a non - right -of -way property line. Therefore, Staff recommends approval of this petition, including the approval of the requested 13.9 -foot waiver. PLANNING & ZONING COMMISSION The Planning and Zoning Commission held a public hearing to review this petition at their April 24, 2001 meeting. The Commission voiced no concerns regarding the petition, and unanimously voted 7 — 0 to recommend approval of the ground sign with the requested waiver. CITY COUNCIL On May 17, 2001 City Council passed this petition on first reading after voicing no concerns. 0 gfjohn: misc9924.cc2 18 3 • • • City Council Meeting Date: June 7, 2001 Date Prepared: May 18, 2001 Petition MISC -99 -24 "`TABLE1�- `EXI.STIN`GZO IN NG ND LAND USE . �a. DESIGNATI,ONS' .__ LAND: USE F EXISTING USE ZONING, `.•_ ' consistent? General Commercial . •. Subject Property General Commercial (CG -1) Commercial (C) Marriott Hotel with a Planned Unit 1,002 Feet Yes Development PUD Overlay North General Commercial (CG -1) Commercial (C) Loehman's Plaza with a Planned Unit Sign Height: Yes Development PUD Overlay 5 feet South Research & Light Industrial Park Industrial (1) Wackenhut Building (Northcorp (M -1) with a Planned 5 feet Center) Community District (PCD) <25 square feet Yes Overlay West N/A N/A Interstate Highway — 95 On Sign: 3 (name and logo) East Research & Light Industrial Park Industrial (1) Wackenhut Building & Hampton (M -1) with a Planned Inn (Northcorp Center) Community District (PCD) 36.1 feet No Overlay CY�W; CONSStTEN� _ ITFI�TiE GO`E�' . Code Requirement Proposed Plan ' ' consistent? General Commercial Planned Unit Development Yes CG -1 ) (PUD) — Hotel Public Road Right -Of -Way 1,002 Feet Yes Frontage Needed For A Ground Sign: 300 feet Sign Height: Sign Height: Yes < 10 feet 5 feet Sign Width: Sign Length: Yes 15 feet 5 feet Size of Ground Sign: < 60 <25 square feet Yes square feet Number Of Messages Permitted 2 Yes On Sign: 3 (name and logo) Minimum setback from a right- 15 feet Yes of -way: 15 feet Minimum setback from non- 36.1 feet No right -of -way property lines: 50 (Waiver) feet 4 i 5- -0 Ordinance 12, 2001 April 25, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM THE PGA MARRIOTT FOR AN AMENDMENT TO A PLANNED- UNIT DEVELOPMENT THAT WOULD PERMIT A GROUND SIGN AT THE ENTRANCE TO THE PGA MARRIOTT HOTEL, LOCATED AT 4000 RCA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A WAIVER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the PGA Marriott for approval of an amendment to a planned unit development (PUD) to permit a ground sign at the entrance to the PGA Marriott Hotel site, located at 4000 RCA Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 6.6 -acre PGA Marriott Hotel site is currently zoned General Commercial (CG -1) with a Planned Unit Development (PUD) overlay, and a future land use of Commercial (C); and 0 WHEREAS, the PGA Marriott Hotel PUD was originally approved on December 17, 1987 with the adoption of Ordinance 20, 1987; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on April 24, 2001, the City's Planning and Zoning Commission has recommended approval of the ground sign. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the amendment to the PGA Marriott Hotel Planned Unit Development (PUD), thereby permitting a ground sign at the entrance to the PGA Marriott Hotel located at 4000 RCA Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. The following waiver is hereby granted with this approval: 1. Minimum setback for a sign from a non - right -of -way property line — Section 136, 0 which requires a minimum sign setback of 50 feet from a non - right -of -way property • Ordinance 12, 2001 Petition MISC -99 -24 Meeting Date: June 7, 2001 Date Prepared: April 25, 2001 line, to allow for a 36.1 -foot setback (a waiver of 13.9 feet). SECTION 3. Construction of said ground sign shall be in compliance with the following plan on file with the City's Growth Management Department: 1. Boundary Survey by RPB Consulting, Inc. and date stamped (November 8, 2000) into the Planning and Zoning Division (1 sheet total). SECTION 4. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 17'h DAY OF MAY 2001. PLACED ON SECOND READING THIS 7' DAY OF JUNE 2001. PASSED AND ADOPTED THIS 7th DAY OF JUNE 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY ATTORNEY CITY CLERK 2 i VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO • • AYE 3 Ordinance 12, 2001 Petition MISC -99 -24 Meeting Date: June 7, 2001 Date Prepared: April 25, 2001 NAY ABSENT Ordinance 12, 2001 Petition M1SC -99 -24 Meeting Date: June 7, 2001 Date Prepared: April 25, 2001 EXHIBIT "A" DESCRIPTION (PER SPECIAL WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 9464,.PAGE 926 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA): THAT PORTION OF SECTIONS 1 AND 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE NORTH 88' 10'56" WEST, ALONG THE SOUTHERLY LINE OF SAID SECTION, A DISTANCE OF 256.70 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF STATE ROAD DEPARTMENT ACCESS ROAD AS DESCRIBED IN PARCEL C OF THE DEED RECORDED IN OFFICIAL RECORDS BOOK 1530, PAGE 447, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 10'13'44" WEST, ALONG SAID PROLONGATION AND SAID WESTERLY LINE, A DISTANCE OF 228.98 FEET TO A POINT SOUTH 10'1344" EAST, A DISTANCE OF 88.00 FEET FROM THE INTERSECTION OF SAID WESTERLY LINE WITH THE NORTH LINE OF THE SOUTH 310.00 FEET OF SAID SECTION 1, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 79'46'16" WEST, A DISTANCE OF 228.00 FEET. THENCE SOUTH 10'13'44' EAST, A DISTANCE OF 348.00 FEET; THENCE SOUTH 79'.46' 16" WEST, A DISTANCE OF 411.74 FEET TO THE EASTERLY LINE OF STATE ROAD NO. 9 (1 -95); THENCE NORTH 24'22'22" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 623.98 FEET TO SAID NORTH LINE OF THE SOUTH 310.00 FEET OF SAID SECTION 1; THENCE SOUTH 88'10'56" EAST ALONG SAID NORTH LINE, A DISTANCE OF 810.05 FEET TO SAID WESTERLY LINE OF STATE ROAD DEPARTMENT ACCESS ROAD; THENCE SOUTH 10' 13'44" EAST. A DISTANCE OF 88.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO ALL PERTINENT MATTERS OF RECORD. CONTAINING 6.586 ACRES. MORE OR LESS. g /john: misc9924.or4 • November 17, 1987 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A Planned Unit Development is hereby created for construction and use as a hotel on a parcel of land lying within the former "RCA Tract" being described more particularly in Exhibit "A" attached hereto and made a part hereof. Said Planned Unit Development shall be developed in accordance with the Site Plan and Architectural Plan prepared by Nathan, Evans, Toundere and Taylor consisting of eight (8) sheets and the Landscape Plan and Lighting Plan prepared by Team Plan, Inc., consisting of five (5) sheets, which are attached hereto as Composite Exhibit "B ". r ORDINANCE 20, 1987 All ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED U14IT DEVELOPMENT FOR CONSTRUCTION AND USE AS A HOTEL ON A PARCEL OF LAND LYING WITHIN THE FORMER "RCA TRACT "; SAID LANDS BEING DESCRIBED MORE PARTICULARLY IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AND, REQUIRING THAT SAID PLANNED UIIIT DEVELOPMENT SHALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND ARCHITECTURAL PLAID PREPARED BY NATHAN, EVANS, POUNDERS AND TAYLOR, CONSISTING OF EIGHT (8) SHEETS AND THE LANDSCAPE PLAN PREPARED BY TEAii PLAN, INC., CONSISTING OF FIVE (5) SHEETS WI1ICH ARE ATTACHED HERETO AS CO11POSITE-EXHIBIT "B "; AND, PROVIDING FOR THE SALE OF ALCOHOLIC BEVERAGES ON THE PREMISES; AND, PROVIDING THAT NO BUILDING PERMIT SHALL BE ISSUED UNTIL FINAL DRAINAGE, UTILITY AND PAVI14G PLANS FOR SAID PROJECT SHALL BE APPROVED IN 14RITING BY THE CITY ENGINEER AND COPIES OF ALL REQUIRED PERMITS BY OTHER GOVERNMENTAL AGENCIES HAVE BEEN FILED WITH THE BUILDING OFFICIAL, AND A PERFORAMCNE BOND OR LETTER OF CREDIT IN AN AMOUNT TO BE DETEP11INED BY THE CITY ENGINEER TO GUARAI4TEE THE CONSTRUC- TION OF PAVING, DRAINAGE AND UTILITIES THEREON SHALL HAVE BEEN POSTED IN REQUISITE FOR14 WITH THE CITY 11ANAGER; AND, FURTHER PROVIDING FOR ALL SIGNAGE NOT CONTAINED IN THIS ORDINANCE TO BE APPROVED BY THE CITY COUNCIL BY SUBSEQUENT RESOLUTION; AND, PROVIDING THAT IN THE EVENT THIS PLANNED UNIT DEVELOPMENT SHALL TERMINATE AIM NOT BE REINSTATED BY THE CITY COUNCIL THAT THE USE OF SAID LAUDS DESCRIBED IN EXHIBIT "A" SHALL REVERT TO THE ORIGINAL ZONING OF M -1 INDUSTRIAL DISTRICT; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES OR AI4Y PART OF THE PALM BEACH GARDENS CODE IN CONFLICT HEREWITH; AND, PROVIDING FOR All EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A Planned Unit Development is hereby created for construction and use as a hotel on a parcel of land lying within the former "RCA Tract" being described more particularly in Exhibit "A" attached hereto and made a part hereof. Said Planned Unit Development shall be developed in accordance with the Site Plan and Architectural Plan prepared by Nathan, Evans, Toundere and Taylor consisting of eight (8) sheets and the Landscape Plan and Lighting Plan prepared by Team Plan, Inc., consisting of five (5) sheets, which are attached hereto as Composite Exhibit "B ". r As part of the permitted use as a hotel complex, the sale of alcoholic beverages at retail for consumption on the premises is hereby permitted. A variance to the distance requirements of the Palm Beach Gardens Code between premises in which alcoholic beverages are sold is hereby granted. Section 2. No Building Permit shall be Issued for construc- tion of any structure or building upon the property described in Exhibit "A" until final drainage, paving and utility plans for said project have been approved in writing by the City Engineer and copies of all required permits by other governmental agencies have been filed with the Building Official, and the Petitioner shall have deposited with the City Manager a performance bond, or a letter of credit, or an escrow deposit in a sum of money in the amount prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage and utilities for said project. Section 3. The Petitioner shall pay to the City of Palm Beach Gardens, Florida, impact fees as hereinafter designated, together with amounts of monies and time of payment. A. Recreation Capital Improvement Impact Fee in the total sum of $ 401000.00 , which shall be due and payable at the time the first Building Permit shall be issued. B. The Road Impact Fee in the total sum of $ 90,000.00 _ shall be due and payable at the time the first Building Permit shall be issued. Section 4. All signage not contained herein, both temporary and permanent, shall be reviewed and approved by the City Council by subsequent Resolution. The interention or review of the Planning and Zoning Commission or the Site Plan Review Committee steal not be required nor shall a public hearing be required prior to adoption of such Resolution. The identification sign of Marriott approved in this Ordinance shall contain the standard illumination thereof prescribed by the Marriott chain until 11:00 P.M. Thereafter, set prescribed standard of illumination shall be reduced by one -half (112) after 11:00 P.M. during the remaining hours of darkness. -2- • • Section 5. In the event that this Planned Unit Development shall terminate and not be reinstated by the City Council by subsequent Ordinance, then the use of said lands des- cribed in Exhibit "A" shall be M -1 Industrial District. Section 6. All phases of development in the newly created Planned Unit Development shall be completed within four (4) years from effective date hereof, and the owner /developer may obtain an extension of one (1) additional year for good cause shown by approval of subsequent Ordinance. Section 7. All references to Petitioner and /or Developer, together with all requirements provided herein, shall apply to and be binding upon its successors and assigns. Section 8. All Ordinances or parts of Ordinances or any part of the Palm Beach Gardens Code in conflict herewith are hereby repealed. Section 9. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS THE 19TH DAY OF NOVEMBER, 1987. PLACED ON SECOND READING THIS THHEf !_7_e4AY OF �� ....� 1987. PASSED AND OPTED IS THE / j -�` DAY OF /_�3,•:.,�,�h , 1987. VICE -MAYOR ATTEST: LIW ,II10 CITY CLERK CMC COUNCILWOMAN "CO,ONC ILMAN COUNCILMAN CITY A- :('rjrL--v E X H I B I T "A" That portion of Sections 1 and 12, Township 42 South, Range 42 East, Palm Beach County, Florida, described as follows: Commencing at the Southeast corner of said Section 1; thence North 88.10156" West along the Southerly line of said Section a distance of 256.70 feet to the Southerly prolongation of the westerly line of State Road Department access road as described in Parcel C of the deed recorded in Book 1530 Page 447 of Official Records of said Palm Beach County] thence North 10 °13144" West along said prolongation and said Westerly line a distance of 228.98 feet to a point South 10 "13144" East a distance of 88.00 feet from the intersection of said, Westerly line with the North line of the South 310.00 feet of said Section 1, said point being the POINT OF BEGINNING; thence South 79 046116" West a distance of 228.00 feet; thence South 10 "13144" East a distance of 348.00 feet= thence South 79 046116" West a distance of 411.74 feet to the Easterly line of State Road No. 9 (1 -95); thence North 24 022'22" West along said Easterly line a distance of 623.98 feet to said North line of the South 310.00 feet of said Section 1; thence South 88 °10156" East along said North line a distance of 810.05 feet to said Westerly line of State Road Department access road; thence South 10 "13'44" East a distance of 88.00 feet to the POINT OF BEGINNING. Containing 6.586 Acres, more or less. • ouuPStEa FND NAIL /D "C & W" INLET IN CONC U) 0 co 07 O to 90 W LITE POLE UTE PO ^ c v fn 09E PPtM a 5'x 5' P FND PRM Ground �NtE� StE796. 6 w "KIMLEY HORN- Sign 22$ -tJ0 FND FIRM 22 (Mi POINT OF BEGIN, KIMLEY HORN" (fl A � Z 'm yC) z o J � -0 n N O O W (c: � 7D v+ a SIGN LOCATION PLAN • ..�...•• �..... . '••--. e.. r+. r.., ts.. r,. m�..`... cle....• x..'..,7- r, nc" af^• r'.;+ r7^'' T' f?; r�'?►,' r�� '�:}^�- ,"°F??I?"'+';.'"•x•r.t.- ,.mss- .•�..�,...- _...... . ir wa Aw - ter. I. r��js o �jta -:r•�. •� r ;.. 'fit .. r � '•: ,• %� ::�:. � ! 7„�,iNt'j •� ,.:u••%;, ;r Via, 6yI. y: �� , � N �'M ( r6•r !W��pS1�A>rr. - -.. '�: N: � �. ? l / .4 • !! ^' • Ste. . � 1t , "7 ,Tr. _'_ .1rG: t� ter"• � . �; (�F •; M '�1 t 14' ;i. 'ct�n•��'�� t'Z•.� e••J l f�i�lj�ly.y> j , ` V; , > 11,E ' y'. S• ii, I 209 S CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • • Meeting Date: June 7, 2001 Revised on: May 23, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Public Hearing /Resolution 81, 2001, a request to modify the Planned Community District (PCD) and Master Plan of the Regional Center Development of Regional Impact (DRI). The proposed modifications primarily deal with land -use conversions, roadway reconfiguration, and an increase in the total commercial square footage permitted by the Development Order of the Regional Center DRI. On May 17, 2001, the City Council continued the public hearing to June 7, 2001. RECOMMENDATION Staff recommends approval of Resolution 81, 2001. Reviewed Originating Dept.: Costs: $ Council Action: Total City Att ney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA — Advertised: Funding Source: [ ] Continued to: Date: 4/30/2001 [ ] Operating Attachments: Resolution 81, 2001 Paper: Palm Beach p [ ] Other . Adopted Map H Post Proposed Map H • Staff comments • State /regional [X] Required agency comments by GIitt i�Ae h Man Affected parties Budget Acct. #:: Director Notified [ ] None Appro City nag [X] Not Required • r' Quality from the ground up. CATALFUMO Construction and Development, Inc. May 24, 2001 Mr. Charles Wu Growth Management Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: NOPC, Regional Center Dear Charles: C o co qui wt CnoN - DEW, rw7MENr - MANAGBMFNT Via fax and US Mail Daniel S. Ctalfumo. President Dis letter will serve as our request that the above referenced application aka Resolution 81,2001, be continued from the June 7, 2001 city council meeting until the next available meeting at which the full board will be in attendance. Should you have any questions or require additional information, please do not hesitate to A. Blair e Government Liaison cc: Daniel S. Catalfumo James E. Jacoby Dodie Glass, Urban Design Studio 4300 CamNwno Way - Patn Beach Gardens. Florida 33410 - ( 567) 694"�'YY?^ - (BBB) 62449697 - Fax (561) 69145280 - vwww.m -10 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum 1 ] • Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 SUBJECT /AGENDA ITEM SP- 01 -11- Ballenlsles Parcel 21 Consideration of Approval: Resolution 86, 2001, Anne Booth of Urban Design Studio, agent for Ballenlsles Development Company, is requesting approval for a site plan within a Planned Community District (PCD). RECOMMENDATION Staff recommends approval of Resolution 86, 2001, subject to.conditions and waivers requests from Land Development Regulations. Reviewed by: Originating Dept.: FINANCE: NA P8Z Commission Growth Action: Principal Planner Management: Costs: [ J Approved Karen M. Craver, $ [ J App. w/ conditions City Attorney ,. Project Total [ ] Denied Manager [ ] Rec. approval Finance NA Kara Irwin $ ( J Rec. app. w/ conds. Human Res. NA Current FY [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: • Resolution 86, 2001 Manag ri( [ ] Operating •Legal Description D irect. Paper: [X] Other NA • Waiver Justification Charles K. Wu, AICP n Guidelines o Design [X] Not Required • Site Plan • Landscape Plan Approved b PP y: Affected parties: City Manager Budget Acct. #: Entry Feature Plan ] Notified NA [X] Not Required [ ]None City Council Meeting Date: June T, 2001 Date Prepared: May 22, 2001 Petition SP -01 -11 REQUEST Anne Booth of Urban Design Studio, agent for Ballenlsles Development Company, is requesting approval for a site plan within a Planned Community District (PCD). Parcel 21 will be developed with 23 modified zero lot line semi - custom single family homes on 7.48 acres, for a proposed density of 3.08 dwelling units per acre. The site is located off of East Island Avenue and bounded on all sides by previously approved parcels within Ballenlsles (14- 42S -42E). BACKGROUND The Ballenlsles Planned Community District was approved by Ordinance 8, 1989, for 2,384 dwelling units on 28 separate tracks. The PCD was amended by Ordinance 7, 1994. Parcel 21 is the last "parcel" to be developed within the community. LAND USE AND ZONING The subject site is zoned Planned Community District with an underlying zoning of Residential Medium (RM), has a future land -use designation of Residential Medium, and is listed as Residential tow on the Vision Plan. CONCURRENCY Concurrency for this site was granted at the time of PCD approval. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee members, representing public and private agencies affected by the proposed development, reviewed this petition on April 5, 2001. A listing of various departmental comments is attached. The applicant has submitted revised plans and other documents in response to DRC comments. PROJECT DETAILS Building Site The parcel is composed of 23 semi - custom modified zero lot line single family homes on typical lots (62' X 135'). The subject site is 7.48 acres in size and is located within the southeast portion of the Ballenlsles PCD. The site is bordered on all sides by previously approved parcels 18, 19a, 19b, 29 and 20. A lake also bounds the parcel on two sides. , Prototypical Model Plans The applicant has submitted three prototypical models proposed for the parcel, the Sonesta, the Chenille and the Hibiscus. To address comments by the Planning & Zoning Commission, the applicant has proposed altering the front elevations of the models so that there are six separate elevations available. The applicant is requesting approval of the attached design guidelines proposed for the prototypical models, not the proposed prototypical models since the applicant is proposing semi - custom homes. This will allow for more efficient processing of building 2 • City Council Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 Petition SP -01 -11 permits for the parcel. Access East Island Avenue, the abutting roadway, has been fully constructed. Signage The locations of the parcel entrance signage have been shown on the site plan, as well as the landscape plans, and details have been included with the landscape design plans. The proposed entrance includes a central fountain with landscaping and signage pilasters on either side of the entrance. Landscaping /Buffering This application includes common area planting plans for the entry, as well as planting plans for the cul -de -sac. A proto - typical unit landscape plan has been included which exceeds the minimum required planting requirements of the code. Existing roadway buffer planting plans have been included for approval in accordance with City policy. Also included in this application are plans of the entrance signage design. Maintenance of all common area and buffer landscaping will be by the Property Owners Association. Phasing Development of this parcel will be in a single phase. Drainage A network of drainage inlets and reinforced concrete drainage pipes will be installed within the proposed road rights -of -way to collect and convey stormwater runoff into the adjacent existing water management tracts. Waiver Requests Code Section Required Provided Waiver Staff Recommendation Section 75 — Lot 65 feet 62 feet 3 ` Support Width Section 75 — 7.5 feet 391" 495" Support Side Setback zero lot line home Section 75 — 7.5 feet 6'11" 7" Support Side Setback Section 75 - 25 feet Front Bldg. - 15' 10' Support Front Setback Front loaded garage — 20' Section 75 — 10 feet 5' 5' Support Rear Setback Section 75 — Lot 35% 50% 15% Support Coverage The applicant has provided adequate justification for all requested waivers; therefore, staff 3 • supports all waivers. (Project Narrative attached) PLANNING AND ZONING COMMISSION City Council Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 Petition SP -01 -11 The Planning and Zoning Commission reviewed this petition on May 8, 2001 and recommended approval 7 -0 with a condition of approval regarding the proposed design guidelines. The Commission also recommended approval of all six waivers. RECOMMENDATION Staff recommends approval of petition SP -01 -11 with conditions of approval and waivers, as provided in the attached resolution. • 0 4 June 7, 2001 RESOLUTION 86, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION - OF 23 SINGLE - FAMILY UNITS ON 7.48 ACRES WITHIN PARCEL 21 IN THE BALLENISLES PLANNED COMMUNITY DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -11) from BallenIsles Development Company, to approve a Site Plan for the construction of 23 modified zero lot line semi - custom single - family dwelling units on 7.48 acres within Parcel 21 in the BallenIsles Planned Community Development; and WHEREAS, the applicant seeks six waivers as part of site plan approval; and 0 WHEREAS, the 7.48 acre site is currently zoned Planned Community Development (PCD); and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan; and WHEREAS, on May 8, 2001, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for the construction of 23 modified zero lot line semi - custom single - family dwelling units on 7.48 acres within Parcel 21 in the BallenIsles Planned Community Development, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said Site Plan is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: June 7, 2001 0 (1) Prior to construction plan approval, the applicant shall provide all appropriate traffic control signage on the plans. (2) Prior to construction plan approval, the typical lot grading detail shall be included on the construction plans. Section 3. The following waivers are hereby granted with this approval: (1) Section 75, Maximum Lot Coverage, to allow for 50% lot coverage. The Land Development Regulations require a maximum of 35% lot coverage. (2) Section 75, Front Setback, to allow for 15 -foot front setback. The Land Development Regulations require a minimum 25 -foot front setback. (3) Section 75, Rear Setback, to allow for a 5 -foot rear building setback, and to allow for a 3 -foot rear setback for parcels not adjacent to a preserve area. (4) Section 75, Side Setback, to allow for a 31" side setback for screen enclosures, and to allow for a.3'1 " side setback on the zero lot line. The Land Development Regulations require a minimum 7.5 -foot side setback. (5) Section 75, Maximum Lot Width, to allow for 62 feet lot width. The Land Development Regulations require a maximum lot width of 65 feet. (6) Section 75, Side Setback, to allow for a 6'11" side yard setback on the non -zero lot line. The Land Development Regulations require a minimum 7.5 -foot side setback. Section 4. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: (1) Site Plan, 1 sheet, prepared by Urban Design Studio, dated March 17, 2001. (2) Conceptual Entrance Landscape Plan, 1 sheet, prepared by Bradshaw -Gill and Associates, dated May 17, 2001. (3) Design Guidelines for Sonesta Cove — BallenIsles Parcel 21, 1 page, prepared by Urban Design Studio, dated May 15, 2001. Section 5. Said approval shall be consistent with, and expressly incorporates, all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to C7 the extent of such conflict. June 7, 2001 Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF )2001. ATTESTED BY: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON SABATELLO COUNCILPERSON FURTADO COUNCILPERSON CLARK JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT 0 3 ? OESCRIPMON ` ORE. 731 rq- _ 727 A parcel of land lying in Sections 11, 12. 13 & 14. Township 42 South. Flange 42 East, Palm Beach County, Florida. Said parcel being,..- parbcsrfariy described as fcilows: - From the Northwest corner of Sedion 1 -1, Township 42 SiN!th, Range 42 East; bear S 00' 53' 13' W along the West line of said Section 11, a distance of 500.05 feet to a point on a line, parallel with and 400 feet Southerly of, as measured at right angles to, the Southerly fine of that certain parcel of land described in the Final Judgement, recorded in The Minutes d the Circuit Court Book T0. Page 352. and the Point of Beginning of the herein described parcel of land; thence proceed S 88' 22'38" E along said parallel line, a distance o(643.89 feet: thence N 77. 35' 12- E, a distance of 164.93 feet to a point on a fine, parallel with and 400 fact Southerly of,: as measured at right angles to, the Southerly right -of -way line of P.G.A. Boulevard (Monet Road), as moorded In Official Rem d Book 2372. Pages 1495 and 1496. Public Records of Palm Beach County, Florida; thence S 88' 22' 38' E, along said parallel Ilne, a distance d 713.36 feet; thence S 66' 12' 18" E. a distance of 393.17 feet to a point in the Westerly line of a parcel of land described in Official Record Book 1729, Page 1249. Public Records of Palm Beads County. Florida: thence by the fdlowing e, ! -Acs with said parcel of land: thence N 73' 5Z 50' E. a distance of 34.02 feet thence S 16' 07'.10' E. a distance of 503.19 feet; thence N 63' 57 ST E. a distance of 280.17 feet; thence N 74' 45' 24' E. a distance of 229.13 feet: thence N 84' 45' 24' E. a distance of 224.37 feet to a point on the Westerly lino of an 80 foot wide easement' for Road purposes and Public Utilities, as retarded in Official Record Book 957, f Pages 558 through 562, Public Records of Palm Beach County, Florida; thence along said Westerly Me, S 05' 14' 36' E, a distance of 100.00 feet to a point on the Northerly line of that certain parcel of land described in Official Record Body 1534, Page 96, Public Records of Palm Beach County, Florida; thence Westerly, jthedy and Southeasterly along the Northerly. Westerly and Southerly lines of those certain parcels of land described in Official Reusv' Books 1534. Page 96, 1736, Page 970, 1710, Page 1529, 1690, Page 849. 1676. Page 1540, and 1649, Page 1567, Pudic Records of Palm Beach Cnu ty, S 84. 45'24"W. a distance of 215.63 feet thence S 74' 45' 24' W, a distance of 210.87 feet thence S 63' 57 ST W. a distance of 288.29 feet; thence S 16' 0r IT E. a distance of 65.42 feet; thence S 22' OT IT E. a distance of 402.65 feet therice S 44' 07' 10' E. a distance of 177.49 feet to a point on a curve concave to the South, having a radius of 690.00 feet from which a radial line boars S 16' 54' 46' E; thence Easterly and S"*heasteriy along the arc of said crve though a central angle of 45' 47' 36', an art distance of 551.48 feet to the point of tangency; thence S 61. or 10' E. a distance of 29.33 feet to the point of curvature d a curve concave to the Northwest, having a radius of 40.90 feet thence Northeasteriy along the arc of said curve through a central angle of 164' 00' 00', an arc distance of 117.07 feet to a point on the Westerly line d said 80 foot easement: thence along said Westerly line S 45' 07' IT E. a distance d 170.42 feet to the Northwesterly comer d a parcel of land described in Official Record Bode 3057, Page 1377, Public Records of Palm Beach County. said parcel also being Lot 6, Bb:k 16. Plat No. 3. P.G.A National Goif Club Estates (Unrecorded), also being a point on a curve concave to the South, having a radius of 49.74 feet from which a radial line bears S 44. 52' 50' W. thence Westerly along the arc of said curve through a antral angle of 86' 56' S2', an arc distance of T5.48 feet io the point cf tangency: thence S 47' 55' 58' W. a distance of 29.60 feet to the point of ,4- 1 curvature of a a `concave to the North, having a radius of SO.OL K thence Westerly a$" the arc of said curve through a central angle of 50' 17' 06', an art; distance c(43.88 feet; thence S 28' S2' S0' W, a distance of 153.24 feet to the SouthwWestedy comer of said panel: thence by the following courses along the Southwesterly line of those certain parcels of land described in Official Record Books 3057, Page 1377, 1826, Page 818, 2936. Page 50.2905, Page 1878, 2932. Page 1604, 2941. Page 1288, and 2942. Page 1402, of the Public Records of Palm Beach County, said parcels being Loo 6 through 12. Block 16, respectively, of said Plat No. 3, P.G.A. National Golf Club Estates (Unrecorded). S 61' 07' 10' E. a distance of 253.50 feet: thence S 39. 51.42' E. a distance of 250.00 feet; thence S 48' 24' 37' E. a distance of 162.65 feet; thence along the Southeasterly line of aforesaid Lot 12, the Southeasterly line of that certain 80.00 foot easement, as recorded in Official Record Book 957, Page 558, Public Records of Palm Beach County, and a parcel of land described in Official Record Book 1808, Page 1342, Public Records of Palm Beach County, said parcel being Lot 13. Bloch 15, of the aforesaid Plat No. 3. P.G.A. National Golf pub Estates (Unrecorded), N 60. 57 50" E. a distance of 368.93 feet to the Northeasterly comer of said Lot 13, said point being on a curve concave to the Southwest, having a radius of 1500.00 feet whose center bears S 64' 52' 50' W; thence Northwesterly along the Northeasterly fine of those certain parcels of land described in Official Reid Books 1808, Page 1342: 1808, Page 1336; 1573, Page 423; 1543. Page 143; 1006, Page 128: 3614, Page 1100; 3614, Page 1089; and 3605, Page 440, of the Public Records of Palm Beach County, Florida, said parcels being Lots 13, 12, 11, 10, 9, 8, 7, and 6. Block 15, respectively, of said Plat No. 3, P.G.A National Golf Club Estates ( Unrecrxded), through a central angle of 20' 00' 00', an arc distance j of 523.60 feet to the point of tangency: thence N 45' 07' 10' W, a distance of 301.17 feet to the Northeasterly comer of said Lot 6, Block 15; thence along the is Northerly line of said Lot 6, Block 15, S 44' 57 45' W, a distance of 160.00 feet to a point on the Easterly line of said 80 foot easement; thence along said Easterly line through the following two coumes; N 45' 07' i(r W. a distance of 83.83 feet to the point of curvature of a curve concave to the Northeast, having a radius of 370.00' feet: thence Northwesterly along the arc of said curve through a central angle of 02. 30' 17', an am distance of 16.17 feet to the Southwesterly corner of a parcel of land being Lot 4, Block 15, of said Plat No. 3, P.G.A. National Golf Club Estates (Unrecorded), as recorded in Official Record Book 3832, Page 830, Public Records of Palm Beach County. Florida; thence along the South. West, and North lines of said Lot 4, Block 15. through the following three courses; N 47' 24' 39' E. a distance of 160.92 feet; thence N 38' 06' 30' W. a distance of 70.87 feet; thence S 68' 54'50'W. a distance of 154.68 feet to a point on the Easterly fine of said 80 foot wide easement, also being on a curve concave to the Northeast, having a adius of 370.00 feet from which a radial line bears N 67' 30' 58' E; thence Northwesterly along said Easteriy One and the arc of said curve ir• 1 7 through a central angle of 20' 07' 51', an are distance of 130.00 feet to a point on the South line of that certain parcel of land described in OfScial Record Book 1771, Page 1059, Public Records of P21m Beach County, Florida; thence along the Southerly and Southeasterly lines of said parcel through the following five courses and along the Northerly boundary of the Plat of the Boundary of Gott pub She Professional Golfers Association of America, as recorded in Plat Book 27, Pages 182 and 183. Public R�-nc-ds of Palm Beach County, Florida; thence S 88' AT 39' E. a distance of 152.79 feet; thence N 20' 43' 50' E, a distance of 55.00 feet: thence N 29. 51' 35' E. a distance of 60.00 feet; thence N 37' 05' 10' E. a distance of 55.00 feet: thence N ST 27' 50 E. a distance of 55.00 feet to a point on the Southerly boundary of that certain. parcel of Land as described in Official Record Book 2539, Page 99, Public Records of Palm Beach County. Florida; thence along said Southerly boundary through the following c-c!rses; thence N 70' 04' 50' E. a distance of 55.00 feet; thence N 77' 34' 50' E. a distance of 95.00 feet thence S 81. 02'05' E. a distance of 176.39 feet; thence S 71. 12' 12' E. a distance 398.81 feet; thence S 88. 21' 42' 'E, a distance of 200.00 feet; thence N 51' 18' 13" E. a distance of 203.36 feet; thence S 88' 21' 42' E, a distance of 474.09 feet to the point of curvature of a curve concave to the Southwest, having a radius of 313.72 feet thence Southeasterly along the am of said curve through a central angle of 40. 4T' W. an arc distance of 223.36 feet to the point of reverse curvature of a curve concave to the Northeast, having a radius of 100.00 feet; thence Southeasterly along the arc of said curve through a antral angle of 36' S2' 57', an arc distance of 64.37 feet to the point of tangency; thence S 844 32' 09' E, a distance of 241.35 feet to the Southeast corner of said parcel of land as described in Official Record Book 2539. Page 99, Public Records of Palm Beach County, Florida; thence continue S 84. 32'09" E along the North boundary of said Golf Club Site, a distance of 125.30 feet to the East line of said Section 11; thence by the following courses along the Northeasterly boundary of said Golf pub Site; thence S 73' 27' 53' E. a distance of 100.00 feet: thence S 68' 57' 50' E. a distance of 530.98 feet; then= N 83' 29' 38' E. a distance of 57.87 feet to a point on a curve concave to the Southwest. having a radius of 1500.00 feet, whose center bears S 25' 39' '58' W; thence Southeasterly along the are of said curve, through a central angle of 13' 22' 09', a distance of 350.00 feet to the point of con pound curvature of a curve concave to the Southwest, having a radius of 400.00 feet; thence Southeasterly, along the arc of said curve, through a central angle of 18' 29' W. a distance of 129.15 feet to the point of reverse curvature of a curve concave to the Northeast, having a radius o(600.00 feet; thence Southeasterly. along the am of said curve. through a central angle of 31' 59' 50', a distance of 335.0T feet to the pant of reverse curvature of a cave concave to the Southwest, having a radius of 400.00 feet; thence Southeasterly along the arc of said curve, through a central angle of 25' 29'54'. a distance of 178.01 feet to a point on said curve. whose center bears S 51. 02'07'W; thence along a non - tangent line. S 30' 26'03' E. a distance of 202.24 feet thence S 36' 04'43" E. a distance of 295.22 feet; thence S 63' Sr 53' E. a distance of 434.65 feet; thence S 23' 57 13' E. a distance of 209.65 feet; thence S 43. 26' 49' E. a distance of 183.85 feet to a point on a curve concave to the Southwest, having a radius of 70.00 feet, whose center bears S 01. 33' 11" W. thence Southeasterly along the arc of said curve through a central angle of 90' 00' 00', a distance of 109.96 feet to the point of. tangency of said Iq -3 ORS 735 9� � curve; thence S 01' 33' 11' W. a distance of 165.00 feet; thence S 03' 45' 41' E, a distance of 215.93 feet; thence S 88' 26' 49' E. a distance of 30.00 feet. thence S O7' 33' 11' W. a distance of 100.00 feet thence N B8' 26' 49- W. a distance of 30.00 feet thence N 56' 09 02' W. a distance of 136.64 feet thence S 76' 58' 09' W. a distance of 37.51 feet to a point in the North line of Lot 22. Block 51, as shown on the Plat of Plat No. 2, P.G.A. National Golf Club Estates. recorded in Plat Bode 28. Pages 72 and 73, Public Records of Palm Beach County, Florida; thence by the following courses, along the Northerly and Westariy boundary of said Piat No. 2. N 88. 03' 51' W. a distance of 83.19 feet; thence S 72' 15' 07 W. a distance of 170.00 feet; thence S 44' 52' 50' W. a distance of 942.03 feet to the point of curvature of a curve concave to the Southeast. having a radius of 610.00 feet; thence Southwesterly, along the arc of said curve through a central angle of 28. 00' 00', a distance of 298.10 feet to the point of tangency of said curve; thence S 16' S7 50' W, a distance of 150.44 feet to the point of curvature of a curve concave to the Northwest, having a radius of 880.00 feet; thence Southwesterly along the am of said curve through a central angle of 19' 1T' 28', a distance of 296.29 feet to a point on said curve, whose center bears N 53' 49' 42- W; thence along a non- tangent line. S 42' 38' 19' W. a distance of 299.08 feet; thence N 87' 21' 39' W. a distance of 305.00 feat; thence S 01' 38' 21' W. a distance of 262.70 feet to a point on the Southerly boundary line of said Plat No. 2. P.G.A. National Golf Cub Estates; thence S 80' 22'21' E along said Southerly boundary, a distance of 24.41 feet to a point on a line parallel with. Easterly of and 601.69 feet distant, as measured at right angles to the West line of said Section 12; thence along said line. S 01' 31'27 W, a distance of 119.34 fact to the North line of Section 13, Township 42 South. Range 42 East; thence along said North line of Section 13. S 88' 21' 41' E. a distance of 59.06 feet to a point in the East line of the Northwest'b.of the Northwest 14 of the Northwest V. of said Section 13; thence along said East line. S 01. 3r 39' W. a distance of 663.25 feet to a point in the North line of the South % of the North ,A of the Northwest "!s of said Section 13; thence along said North line S 88' 22' 55' E. a distance of 1913.74 feet to the Westerly right-0f- -way line of Military Trail, as recorded in Official Retard Book 2797, Page 1536, Public Retards of Palm Beach County, Florida, said line being Westerly of, parallel with and 67.00 feet distant, as measured at right angles to the North -South Y. Section lire of said Section 13; thence along said right -0f - -way fine, S 01. 45' 31' W. a distance of 500.73 feet; thence N 88' 26' AT W. a distance of 869.63 feet to a point on the_West line of the East 936.63 feet of the Northwest V. of said Section 13; thence along said West line S 01. 4S' 31' W. a distance of 48230 feet; thence S 88. 26' 34' E. a distance of 491.03 feat to the point of curvature of a curve concave to the South having a radius of 429.00 feet; thence Easterly along the arc of said curve through a central angle of 26' 4T 51', an are distance of 200.65 feet to the point of reverse curvature of a curve concave to the North having a radius of 321.00 feet; thence Easterly along the art of said curve through a central angler of 26. 47' S1'. an arc distance of 150.13 feet to the point of tangency; thence S 88. 26' 34' E, a distance of 40.19 feet to said Westerly right-of-way line of Military Trail; thence along said right -of -way line. S 01' 45' 31' W. a distance of 158.00 feet; thence N 36. 50' 47' W. a distance of 63.80 feet to a point on a curve concave to the ,.i - q • North having a radius of 429.00 feet from which a radial tine Dean N 01' 33' 25' E; thence pnxeed Westerly along the arc of said curve through a central angle of 26' 47' 51", an art distance of 200.65 feet to the point of reverse curvature of a curve concave to the South having a radius of 321.00 lest; thence proceed Westerly along the arc of said curve through a central angle of 26' 47' 51', an arc distance of 150.13 feet to the point of tangency of said curve, said point toeing on the North line of the South 896.69 feet of the Northwest '4 of said Section 13; thence along said North line, N 88' 26'34- W. a distance of 491.41 feet to a point on the West fine of the East 936.63 feet of the Northwest 114 of said Section 13; thence along said West line S 01' 45' 31' W, a distance of 466.69 feet to a point In the North fine of a 100.00 wide Canal right -of -way, as recorded in Deed Bodo 1048. Page 213. Public Records of Palm Beach County. Florida; thence along said North right -of -way line. S 88' 26' 34' E. a distance of 869.64 feet to said Westerly right -of- -way line of Military Trail; thence along said Westerly right-of-way line. S 01' 45' 31' W. a distance of 1093.08 feet to a point in the South line of the North 'A of the Southwest '/4 of said Section 13; thence along said South line, N 82' 28' 23' W. a distance of 1908.85 feet to a point on the East line of the West 1h of the Northwest '/, of the Southwest 'A of said Section 13; thence along said East line, S 01' 43' 42' W. a distance of 466.07 feet to a point on a fine parallel with. Northerly of and 198.00 feet distant, as measured at right angles to, the South line of the Northwest '/4 of the Southwest '/. of said Section 13; thence along said line,. N 88' 30' 11' W. a distance of 658.53 feet to a point on the West line of said Section 13; thence along said West line, S 01. 43'07- W, a distance of 862-42 feet to a point on the South line of the Northeast'/. of the Southeast'/. or the Southeast'/. of Section 14. Township 42 South. Range 42 East; thence along said South line. N 88. 27' 48' W. a distance of 50.00 feet to a point on the West fine of the East 50.00 feet of said Section 14 also being on the West right -cf- way line of a road right -of -way, as recorded in Corrimissionecs Minutes Book 9. Page 434. Pubic Records of Palm Beach County, Florida; thence along said West line, N 01' AT 07' E. a distance of 460.00 feet to a point on the North line of the South 460.00 feet of the Northeast '/, of the Southeast '/. of ttie Southeast '/. of said Section 14; thence along said North fine. N 88' 27' 48' W, a distance of 380.00 feet to a point -on the West fine of the East 430.00 feet of the Northeast '/. of the Southeast' /, of the Southeast' /. of said Sedan 14; thence along said West fine, S 01. 43.07' W. a distance of 460.00 feet to said South fine of the Northeast % of the Southeast '/s of the Southeast 'A; thence along said South line, S 88' 27' 48' E. a distance of 98.79 feet to a point on the West line of the East IA of the Southeast '/. of the Southeast '/4 of the Southeast '/4 of said Section 14; thence along said West line, S 01' 44' 52'W. a distance of 664.68 feet to a-point on the South tine.of said Section U. also being the North right-0f- -way line of West Lake Park Road, as recorded in Road Plat Book 6. Pages 127 and 128, Public Recoils of Palm Beach County. Florida; thence along said South Section line. N 88' 30' 27' W. a distance of 331.55 feet to the West line of the East '/4 of the Southeast V. of said Section 14; thence along said West line. N 01' 46' 37' E; a distance iq - 5- of 2659.72 f i the East-West 'A Section line of said Seth« thence along 1 said East -West '/. Section line, N 88' IT 51' W. a distance of 202 1. 15 feet to a I point on the West line of an 80 foot road right -& way, as recorded in Dead Bode 809, Page 317 of the Public Records of Palm. Beach County, Florida, said line being parallel with and 40 feet Westerly of, as measured at right angles to the North -South Quarter Section line of said Section 14: thence S 01' 57' 05' W along said West line, a distance of 1333.01 fact to a point on the North line of the Southeast 1/. of the Southwest M. of said Section 14; thence along said line, N 88' 25' 32' W. a distance of 615.32 feet to a point on the East line of the West 'A of the Southeast V& of the Southwest % of Section 14: thence along said East line. S 02' 16' ZY W, a distance of 1334.09 feet to a point on said South line of said Section 14 and North right -of -way line of West Lake Paris Road; thence along said South Sedan line, N 88' 31' 06' W. a distance of 1267.96 feet; thence N 81' 22' 16' W, a distance of 463.98 feet; thence N 88' 29' 46' W, a distance of 260.79 feet to a point on the West tine of said Section 14; thence along said. West Section fine, N 03' 14' 00' E. a distance of 2617.98 feet to the West % corner of said Section 14; thence continue along said West line, N 01. 22' 23' E. a distance o[2628. 12 feat to the Northwest corner of said Section 14; thence along the West fine of Section 11, -Township 42 South, Range 42 East, N 00' 50' 32 E. a distance of 2668.90 feet to the West'/. corner of said Section 11; thence continue along said West Section line, N 00' 53' 13' E, a distance of 2170.27 feet to the Point of Beginning. Together with a parcel of Land tying in Section 11, Township 42 South, Range 42 East, Palm Beach County, Florida. Said parcel being more particularly described as foll;,xs- Beginning at the point of intersection of the Northerly line of that certain parcel of land as recorded in Official Record Book 1721, Page 1059, Public Records of Palm Beach County, Florida, and the Easterly line that certain 80 foot easement for Road purposes and Public Utilities, as recorded in Official Record Bode 957. Pages 558 through 562, Public Records of Palm Beach County, Florida, said point being on a curve concave to the West, having a radius of 1040.00 feet from which a radial line bears S 86. 38' 23' W: thence Northerly along said Easterly fine through a central angle of 01, 52' 59, an arc distance of 34.18 feet to the point of tangency; thence N 05. 14' 36"W. a distance of 150.00 feet; thence having said Easterly right- of-way line, N 84' 24'45."Z. a distance of 9.91 feet; thence N 60. 15' 59' E. a distance of 190.26 feet: thence N 13. 37' 03' E. a distance of 177.75 feet: thence S 884 21' 42' E, a distance of 160.39 feet to the Southwesterly comer of that certain parcel of land as described in Official Record Book 2539, Page 99, Public Records of Palm Beach County; Florida: thence along the Southerly and Easterly line of said parcel through the following courses: - S 88' 21'42' E. a distance of 340.48 feet: thence S 81' 50' 31' E. a distance of 210.89 feet to the Southwesterly corner of that certain parcel of land as described in Official Record Book 2539, Page 99. Public Records of Palm Beach County. Florida; thence along the Southerly and Easterly lines of said parcel through the following courses; S 81' S0' 31' E. a distance of 118.84 feet: thence N 34. 29' 07' E. a distance of 92.19 feet to the Southeasterly line of that certain parcel of Land desoibed In Official Record Book 2539, Page 93. Public Retards of Palm Beach County, Florida; theme cortinue N 34' 29'07' E along said Southeasterly line, a distance of 92.93 foot to the Southeasterly semen of that certain parcel of land as described In Official Record Boot 2539, Page 103, Public Records of Palm • Beach Cou. , Florida; thence along the Southerly tine of said parcel through the following courses; N 34' 29'07" E, a distance of 224.41 feet; thence S 72' 24' 59' E. a distance of 259.03 feet; thence S 41. 43' 30- E. a distance of 236.30 feet; thence. N 80' 04' 42' E. a distance of 69.90 feet; thence along the Southerly prolongation of the Easterly line of aforesaid parcel. S 01' 37' 33' W. a distance of 101.48 feet to a point on the Northerly line of that certain parcal of Land as described in Official Record Book 2539, Page 99, Pudic Records of Palm Beach County, Florida; thence along said Northerly tine through the following �! -ses, S 80' 04'42" W. a distance of 103.90 feet; thence N 41' 43' 30' W, a distance of 117.57 feet to the Southeasterly corner of that certain parcel of land described in Official Record Book 2539, Page 103, Public Records of Palm Beach County. Florida; thence along the Easterly. Northerly, and Westerly lines of said parcel through the following courses; N 41' 43' 3O" W, a distance of 146.94 feet; thence N 72' 24' 59' W. a distance of 157.46 feet; thence S X34' 29'07' W. a distance of 178.65 feet to a point on the Northerly line of that certain parcel of land described in Official Record Book 2539, Page 99, Public Records of Palm Beach County, Florida; thence along said Northerly line through tl`.a following courses; S 34. 29' OT W. a distance of 218.84 feet; thence N 81' SO' 31' W, a distance of 386.12 feet; thence N 88. 21' 42'W. a distance of 414.12 feet; thence S 13' 37" 03' W. a distance of 147.25 feet; thence S 15' 06'59'W. a distance of 77.03 feet to the Northeast comer of a. parcel of land described in Official Record Book 1721. Page 1059; thence along the Northerly boundary of said parcel. S 60' 15' 59- W. a distance of 208.65 feet; thence S 84. 41' 13' W. a distance o(20.29 feet to the point of curvature of a curve concave to the Southeast, having tt radius o(25.00 feet; thence Southwesterly along the art of said Gave through a central ` angle of 88' OT Mr. an art distance of 38.45 feet to the Point of Beginning. Together with a parcel of land lying in Section 11, Township 42 South, Range 42 East, Palm Beach County, Florida. Said parcel being more particularly described as follows: Commencing at the North' /. corner of said Section 11, proceed N'88' 22'38- W. along the North line of Section 11 (said North line of Section 11 is taken to bear N 88' 22 38' W and all other bearings are relative thereto), a distance of 55.69 feet to a point on the centerline of an 80 foot easement for Road purposes and Publics LlUities, as recorded in Official Record Qodc 957, Pages 558 through 562, Public Records of Palm Beach County, Florida. thence S Ot' 38' 18' W, along said centerline, a distance of 60.00 feet to the Southerly right-d -way of P.G.A Bouievard, as recorded in Official Record Book 2372. Pages 1495 and 1496. Public Records of Palm Beach County, Florida; thence S 88' 22' Wr E. along said Southerly right-of-way. a distance of 40.00 feet to the Easterly line of said 80 foot wide easement; thence continue S 88' 22' 38' E. along said Southerly right- of-way fine, a distance of 14.87 feet to the Point of Beginning, also being a point on a curve concave to the Southeast, having a radius of 25.00 feet and lying on the Easterly right -of -way of Avenue of the P.G.A. as shown on Plat No. 3. P.G.A. National Golf Club Estates (Unrecorded); thence Southwesterly along the am of said curve through a central angle c(36' 21' 59', an art distance of 15.87 feet to the point of tangency; thence S 01' 38' 18' W. a distance of 35.00 feet to the point of curvature of a curve concave to the East, having a radius of 160.00 fact; thence S-o-1hady along the am of said curve through a central angle of 23' 00' 00', an arc distance of 64.23 feet to the point of reverse curvature of a curve concave to the West, having a radius of 240.00 feet; thence Southerly along the arc of said curve through a central angle of 23' 13' 27". an arc distance of 97.28 feet 10 the point of reverse curvature of a curve concave to the East, having a • ' radius of 36270 feet thence Southerly along the arc of said curve through a central angle of 30' 13' 27, an arc distance of 191.33 feet to the point of tangency; thence S 28' 21' 42' E. a distance of 33.94 feet to the point of curvature of a curve concave to the Southwest, having a radius of 814.41 feet; thence Southeasterly along the arc of said curve through a central angle of 23' 07' 06', an arc distance of 328.61 feet to the point of tangency, said point being on the Easterly line of said 80 foot easement thence Southerly along said Easterly line through the following courses; S 05' 14' 36- E, a distance of 205.49 feet to the point of curvature of a curve concave to the West. having a radius of 1040.00 feet; thence Southerly along the arc of said curve through a central angle of 01' 57 59', an art distance of 34.18 feet to a point on the Westerly boundary of that certain parcel of land. as recorded in Official Record Bode 1721, Page 1059, Public Records of Palm Beach County, Florida; thence along said Westerly boundary and aforesaid curve, having a radius of 1040.00 feet through a central angle of 01' 32' 51', an arc distance of 28.09 feet to the point of tangency; thence S 01' 48' 45' E. a distance of 164.47 feet to the point of curvature of a curve concave to the Northeast, having a radius of 370.00 feet; thence Southeasterly along the art: of said curve through a central angle of 00' 32'26'. an arc distance of 3.49 feet to the Southwestedy comer of said parcel; thence continue along said Easterly easement line and said cave through a central angle of 20' 07' 51', an arc distance of 130.00 feet to the Northwesterly comer of that certain parcel of land, as recorded In Official Record Bode 3832. Page 830. Public Records of Palm Beach County. Florida; thence-continue along said Easterly line and Westerly boundary line of said parcel along the arc of aforesaid curve through a central angle of 20' 07' 51', an arc distance of 130.00 feet to the Southwesterly corner of said parcel; thence continue along said Easterly easement fine and aforesaid curve through a central angle of 02' 30' 17', an arc distance of 16.17 feet to the point of tangency; thence S 45' 07' 10' E. a distance of 83.83 feet to the Northwesterly corner of that certain parcel of land, as retarded in Offcal Record Book 3605, Page 440, Public Records of Palm Beach County. Florida; thence along the Westerly boundaries of those certain parcels, as recorded in Official Record Books 3605, Page 440; 3614. Page 1089; 3614. Page 1.100; 1006. Page 128; 1543, Page 143; 1573. Page 423; 1808. Page 1336; and 1808, Page 1342, said parcels being Lots 6 through 13. Block 1S respectively, of said Plat No. 3, P.G.A National Goff Club 'Estates (Unredo do ). S 45' OT 10' E. a distance of 301.17 feet to the point of curvature of a carve concave to the Southwest, having a radius of 1340.00 feet thence Southeasterly along the arc of said curve through a central angle of 16' 00' 00', an arc distance of 374.20 feet to the point of tangency; thence S 29' 07' 10' E. a distance of 104.63 feet to a point on the Northerly boundary of the Clubhouse Site, as shown on the Plat of Boundary of Golf dub Site of the Professional Golfer Association of America, as recorded in Plat Boric 27. Pages 182 and 183. Pudic Records of Palm Beach County. Florida; to the westerly fine of said 80.00 foot easement, also Mein -. Sourtheastedy comer of 4 ertain parcel of Land. as recorded in Official %. srd Bock 2942. Page 1402, r -ublic Records of Palm Beach County. Florida; thence along the Easterly boundaries of those certain parcels. a$ recorded in Official Record Books 2942, Page 1402; 2941, Page 1288; 2932. Page 1604; 2905..Page 1878; 2936. Page 50; 1826; Page 818, and 3057, Page 1377, N 29' 07' 10' W. a distance of 104.63 feet to the point of curvature of a Curve concave to the Southwest, having. • radius of 1260.00 feet; thence Northwesterly along the arc of said curve through • central angle of 16' Oil' 00', an arc distance of 351.86 feet to the point of tangency; thence N 45. 07* 10' W. a distance of 214.58 feet; thence continue N 45' 07 10' W along said Westerly easement fine, a distance of 170.42 feet to • the point of curvature of a curve concave to the Northeast, having a radius of 450.00 feet, said point also lying on the Easterly boundary of that certain parcel of land. as recorded in Official Record Book 1649, Page 1567, Public Rerwda of Palm Beach County, Florida; thence Northerly along the Easterly boundaries of those certain parcels. as recorded in Official Record Books 1649. ' Page 1567; 1609. Page 1; and 1534, Page 96, Public Records of Palm Beach County. Florida. through a central angle o(43* 18'25'. an arc distance of 340.13 feet to the point of tangency; thence N 01' 46' 45` W. a distance of 164.47 feet to the point of curvature of a curve concave to the West, having a radius of 960.00 feet; thence Northerly along the arc of said curve through a central angle of 03' 25' 51', an art- distance of 57.48 feet to the point of tangency; thence N 05' 14' 36' W, a distance of 50.00 feet to the Northeast corner of said pamats; thence continue N 05' 14'W W along said Westerly easement line, a distance of 100.00 feet to the Sn u3heastedy corner of that certain parcel of Land. as recorded in Official Record Book 1729, Page 1249. Public Records of Palm Beach County, Florida; thence along the Easterly line of said parcel through the following messes; N 05' 14'06' W. a distance of 55.49 feet to the point of curvature of a cove concave to the Southwest, having a radius of 485.26 feet thence Northwesterly along the err: of said curve through a central angle of 23' OT 06', an art distance of 195.80 feet to the point of tangency; thence N 28' 21' 42' W. a distance of 131.77 feet to the point of curvature of a curve concave to the Northeast. having a radius of 754.79 feet: thence Northwesterly along the arc of said curve through a central angle of 08' OT 16', an art distance of 106.98 feet to the point of reverse curvature of a curve concave to the Southwest, having a radius of 385.00 feat; thence Northwestarty along the art of said curve through a central angle of 07' Z2' 16' an art distance of 49.53 feet to the point of reverse curvature of a 4uurve concave to the Northeast having a radius c(248.00 feet; ' thence Nor lhwestody along the arc of said cove through a central -angle of 17' 01' 58, an arc distance of 73.72 feet to the Southeastedy corner of that certain parcel of land. as recorded in i Official Record Book 3058, Page 43, Public Records of Palm Beach C'lnmty, Florida; thence continue Northerly along the art of said curve through a central angle of 19' 58. 02'. an arc distance of 86.43 feet to the point of reverse curvature of a curve concave to the West. having a radius of 405.00 feet; thence Nodheriy along the art of said curve through a central angle of 07' 45' OO', an am distance of 54.78 feet to the point of tangency; thence N 01' 38' 18' E. a distance of 75.00 feet to the point of curvature of a curve concave to the Southwest, having a radius of 25.00 feet. thence Northwesterly along the arc of said curve through a central angle of 36' 14' 59% an arc distance of 15.82 feet to the point of intersection with said Southerly right-0f -way line of P.G.A. Boulevard; thence along said Southerly right- of-way line. S 88' 22' 38' E. a distance of 94.83 feet to the Point of Beginning. 1. _. - A - � • ATTACHMENT 3 APPLICANT JUSTIFICATION STATEMENT WAIVERS Meeting Date: May 8, 2001 Date Prepared: April 25, 2001 Petition SP -01 -11 The current code allows and encourages ingenuity, flexibility and imagination in the design of development parcels within a Planned Community District. The consolidation of open space within the PCD creates the need for flexibility in the application of setbacks and other standard Land Development Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations. The Code requires 20% of the PCD to be preserved as Community Serving Open Space. The BallenIsles PCD provides for 52% of the PCD in Community Serving Open Space. The gross density of Ballenlsles is 1.8 du's/ac. More than half of the lots within this application abut open space in the form of water. The remaining lots abut a 25' roadway buffer that has existing and mature landscape material. While the minimum lot length is established as 135', most lots exceed the minimum length. Water and landscaped frontage provides for a feeling of open space around the units. In accordance with the PCD sections of the code, at the discretion of the Council, adjacent open space can be credited towards the open space requirements of the parcel. While these parcels meet their required open space requirements, the perception of the adjacent open space for both the home owner and the public is enhanced by designing the lots to be adjacent to golf and/or water. Careful attention has been given to the design of the parcels to provide this amenity. Due to the nature of a Zero Lot Line product, the lot size and setbacks are typically smaller than a standard subdivided lot. This type of product is most often seen within a larger planned community which has consolidated open space areas and flexible land development regulations. While the City Council has approved numerous Zero Lot Line development plans, the approved, Land Development Regulations do not have setback provisions for zero lot line homes. Approval of Zero Lot Line development plans have been facilitated through the site plan approval process allowed as part of the Planned Community Development District site plan approval process. We have used previous approvals as well as standards which have been established by other jurisdictions as a guide in the design of these parcels. In that a Planned Community District does not have specific land development regulations, we have been asked to select an appropriate "underlying" zoning district for the purposes of comparing the proposed development plan with standard zoning district land development regulations. The purpose of the comparison is to identify any deviations that may be proposed from the standard land development regulations. Parcel 21 is designated on the Master Plan as "Med" which allows a maximum density of 9 du's/ac. The proposed development of Parcel 21 is for semi - custom modified 0 7 Meeting Date: May S, 2001 Date Prepared: April 25, 2001 Petition SP -01 -11 single family zero lot line home lots at a density of 3.08 du's /ac. We have selected the RL-3 Residential Low Density District as the most appropriate zoning district for comparison purposes. We believe that the design of these projects are consistent with previously approved projects in the City, are consistent with the intent and purpose of the Planned Community District regulations, and are consistent with comparable development standards within other communities. For these reasons we feel the requested waivers should be approved and respectfully request your support. The proposed developments are requesting the following waivers from the Land Development Regulations: SIDE BUILDING SETBACK - MODIFIED ZERO SIDE The applicant would like to request a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table IL Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater. The typical width of the proposed lots is 62 feet. Under standard zoning regulations the side setback requirement would be 7.5 feet on each side of the lot. The proposed Modified Zero Lot Line homes will maintain a minimum setback of 3'1" from the "modified zero" side of the lot and a 6'11" setback on the other side of the lot. This waiver request would allow a 4'5" and 1'S" reduction respectively from the required 7.5' side setback. The proposed side setbacks provide for a minimum 10 foot separation between units, which meets the 10 -foot standard established by the Fire Department and other standard zero lot line developments. The 10' separation provides for sufficient area for landscaping and the provision of light and air circulation. SIDE AND REAR POOL /SPA/SCREEN SETBACK The applicant would like to request a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table H, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater, and the rear setback which requires a 10 foot setback. The required side and rear setbacks for pools, spas, and screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that pools/spas, screens and decks be allowed to be constructed 3'1" from the "Modified Zero" side lot line (4'5" waiver), pools and spas to be allowed to be constructed 6 feet from the side lot line (1.5' waiver), and screens to be allowed to be constructed 5 feet from the side lot line (2.5' waiver). The applicant is also requesting that pools and spas be allowed to be constructed 6 feet from the rear lot line (4' waiver) and screens /decks be allowed to be constructed 5 feet from the rear lot line (5' waiver). MINIMUM LOT WIDTH The applicant is requesting a waiver from Section 70- RL-3 Residential Low Density District, 0 8 Meeting Date: May 8, 2001 9 Date Prepared: April 25, 2001 Petition SP -01 -11 subsection (c), Table 11, Property Development Regulations - Minimum Lot Width, which requires a minimum lot width of 65 feet. The typical/minimum width of lots within these parcels are 62 feet. The proposed plan of development for these parcels is to allow Modified Zero Lot Line homes which typically have smaller lot widths. This waiver request would allow a reduction of 3 foot in the minimum lot width. LOT COVERAGE The applicant is requesting a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Maximum Lot Coverage, which allows a maximum lot coverage of 35 %. This applicant is requesting approval for 50% lot coverage. The proposed 50% maximum lot coverage is consistent with the lot coverage standards for other high - end single family zero lot line residential projects. For example, many of the recent approvals for individual parcels within the BallenIsles PCD have lot coverage standards of 45 to 60 %. Parcels 15 and 16a have just recently been approved with a 50% lot coverage. Parcel 14 has a lot coverage of 60 %. Approval of comparable parcels in PGA National have also allowed lot coverages from 46% to 67 %. All zero lot line lots within the Mirasol PCD have been approved with 50% lot coverage. 0 SIDE FACING STREET This application is requesting a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Side Facing Street Setback, which requires a 20' setback. The applicant is proposing a side facing street setback of 10. Due to the configuration of the parcels and the provision of common area open space, all lots will have access to both sides of the lot. Only 2 lots in this application have right -of -way frontage on two sides. Enhanced landscaping will be provided adjacent to the unit to provide additional screening next to the roadway. • 9 Design Guidelines for Sonesta Cove - Ballenlsles Parcel 21 May 15, 2001 Unifying architectural treatments shall include: • Concrete block construction with textured or sand stucco finish • Double roll concrete roofs • Minimum 2 -car garages • Multi -pane front elevation windows • Roof styles shall be either gable, hip, or boston hip • paneled garage doors • band treatments at windows and doors on side of homes visible to the street • smooth stucco band or imitation precast stucco trim Building heights are not to exceed 36 feet Decorative pavement shall be used on driveways and entry walks No two homes located side by side shall have the same combination of exterior wall /trim paint color and roof tile color No two homes located side by side shall have the same front elevation. All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shall also return a minimum of 2 feet along side elevations. Building lot coverage shall be limited to a maximum of 50% 237 Color Selections: Selection A: Roof: 1/3 COPR 1/3 SPEC 1/3 TER 2% (All with black antique) Body: Beniamin Moore Paints Roxbury Carmel - HC42 Tyler Taupe - HC43 Carrington Beige - HC93 Trim: Benjamin Moore Paints Powell Buff - HC35 Shaker Beige - HC45 Monteray White - HC27 Selection B: Roof: 1/3 CDTN 1/3 SPECL 1/3 ADCL (All with black antique) Body: Benjamin Moore Paints Bennington Gray - HC92 Dunmore Creme - HC29 Concord Ivory - HC12 Chestertown Buff - HC9 Trim: Benjamin Moore Paints Manchester Tan - HC81 Montery White - HC27 Brick: Driveway: Buff /Charcoal /Orange Pool Deck: Buff /Charcoal /Orange Cast Stone Color: RS8 Powell Buff - HC35 237 • U-.� 0 a 'g q L��F m 0 F1 $' g i�jj_�, gh I I I ° b mr - IM I WC: sD a �Q gg o g /gam �r ag „� y OM //�� •I � ,.r� N ♦I C ' C v oo a v aax M Cs, v m j� yak ��; .1 a r � D 4 i r r � m I• � N 1 1 1 � 0 g S4 IT F, 01, 1-1- i�\ .43 1 WEV ; CO �� • ,ail � i(�L�,` � / \:�� T To Am "n -L I I �o • • 8M • 4 /\ � oil -- — -Sol vclr�r •` i -'-- - - - -- - -- --- --- -- - Iii .'�.i. cdx� Rk� D —3 m r Ballenisles Pod 21 Palm Beach Gardens, Florida Site Plan (62' X 135' Lot) D 0 M r ao I / / ,I i • ' E r I / / ,I i 233 RECEIVED FEC CITY MANAGER'S OFFICE Florida East Coast R A I LWAY, L.L.C. MAY 3 1 2001 May 29, 2001 File: 289/39/3221 PALM BEACH GARDENS: GRADE CROSSING MATTERS PROPOSED CROSSING, KYOTO GARDENS DRIVE MP 289 +3,221' Mr. Ronald M. Ferris, City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 -4698 Dear Mr. Ferris: This is in response to your letter of May 17, 2001, and as a follow up to our meeting of May 11, 2001, held at the Florida Department of Transportation office, in Ft. Lauderdale, Florida. By way of this letter I am giving formal notice that the Railway is opposed to this at -grade crossing and will not approve this type of crossing at this location. First, and most importantly, the crossing would create an unsafe condition as the proposed S.W. Ramp overhead highway bridge structure and earthen ramps would impede a motorists line -of -sight when crossing, or turning from Alternate AIA, to proceed west across our tracks. Another safety concern is the physical location of the crossing. The crossing would be located at the end of a curve in our mainline track and would not give our train Engineers time to react should a motorist become stranded or stopped on the crossing. Another factor to consider is the recent signing of an operating agreement between the Railway and Amtrak. Amtrak will operate over our trackage as early as December 31, 2001, and could add as many as four trains per day at this location. This increase in rail traffic along with the projected traffic congestion in this area due to the opening of a new Movie Theatre combined with the existing traffic from the Shopping Mall, is yet another concern. As we stated at the meeting of May 11, 2001, the Railway is opposed to any new at -grade crossings. We are currently in the process of reviewing our existing grade crossing inventory for the purpose of eliminating and therefore reducing the number of crossings on our line. With each new grade crossing, track maintenance increases, another opportunity for a vehicle /train accident is created, and the Railway's liability is escalated. I believe there are several other solutions for solving your traffic congestion problems other than opening another at -grade crossing. One alternative is a grade separated crossing or overhead highway bridge. I know this is a more costly way to cross our tracks, however it would provide a safer and free flowing route for vehicular traffic in general, plus enable your Police, Fire, and Rescue personnel a direct and open route for serving the community. In our May 11, 2001,meeting, One Malaga Street • P.O. Box 1048 - St Augustine, FL • 32085 -1048 REVISED: JUNE 6, 2001 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 SUBJECT /AGENDA ITEM SP- 01 -11- Ballenlsles Parcel 21 Consideration of Approval: Resolution 86, 2001, Anne Booth of Urban Design Studio, agent for Ballenlsles Development Company, is requesting approval for a site plan within a Planned Community District (PCD). RECOMMENDATION Staff recommends approval of Resolution 86, 2001, subject to conditions and waivers requests from Land Development Regulations. , Reviewed by: Originating Dept.: Growth FINANCE: NA P8Z Commission Action: Principal Planner Management: Costs: [ ] Approved Karen M. Craver, $ [ ] App. w/ conditions City Attorney Project IJ4 Total [ ] Denied Manager % o [ ] Rec. approval Finance NA Kara Irwin $ [ ] Rec. app. w/ conds. Current FY [ ] Rec. Denial Human Res. NA Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth _ Manag t,/�.y Date: [ ] Operating • Resolution 86, 2001 • Legal Description 9 P Directo G -I Paper: [X] Other NA • Waiver Justification Charles K. Wu, AICP • Design Guidelines [X] Not Required • Site Plan Approved by: • Landscape Plan City Manager Budget Acct. #: • Entry Feature Plan Affected parties: [ ] Notified NA [X] Not Required [ ] None City Council Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 Petition SP -01 -11 REVISIONS (June 6,2001): The following revisions were made to the resolution approving Ballenlsle Parcel 21 after the submittal date to City Council. The underlined text has been added to the resolution and the text with the strikethrough has been deleted. The deleted text is a minor change requested by the applicant within Section 3. of the Resolution to provide clarification and to reflect revised plans. The changes do not alter the context of the waiver requests in that section. Ballenlsles Parcel 21 does not abut a preserve area and the following changes reflect that. (3) Section 75, Rear Setback, to allow for a 5 -foot rear building setback, and to allow for a 3 -foot rear screen enclosure setback fer ^ °� ^ °'° ^c± ud; ° ^ ° ^: ±c ^rece ^'e w'cu• ,,iaw vvv �awvv u ,.i The applicant requested the following change to simplify the waiver. The side setback applies to a structure, which is the building as well as the screen enclosure. (4) Section 75, Side Setback, to allow for a 3'1" side setback for SC:--- crc!cs;.rec crd to a!!cw for a 3'1" cic'e ce ± "ec!: on the zero lot line. The Land Development Regulations require a minimum 7.5 -foot side setback. The following exhibits were added at the requested of the applicant: SECTION 4. (3) Conceptual Entrance Elevation, 1 sheet, prepared by Bradshaw -Gill and Associates, dated January 18, 2001. (4) Prototypical Landscape Plan, 1 sheet, prepared by Bradshaw -Gill and Associates, dated January 9, 2001. (5) Prototypical Model, 3 sheets (sheet 2 -4), prepared by Judith L. Kelly, dated January 23, 2001. 2 City Council Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 Petition SP -01 -11 REQUEST Anne Booth of Urban Design Studio, agent for Ballenlsles Development Company, is requesting approval for a site plan within a Planned Community District (PCD). Parcel 21 will be developed with 23 modified zero lot line semi - custom single family homes on 7.48 acres, for a proposed density of 3.08 dwelling units per acre. The site is located off of East Island Avenue and bounded on all sides by previously approved parcels within Ballenlsles (14- 42S -42E). BACKGROUND The Ballenlsles Planned Community District was approved by Ordinance 8, 1989, for 2,384 dwelling units on 28 separate tracks. The PCD was amended by Ordinance 7, 1994. Parcel 21 is the last "parcel" to be developed within the community. LAND USE AND ZONING The subject site is zoned Planned Community District with an underlying zoning of Residential Medium (RM), has a future land -use designation of Residential Medium, and is listed as Residential Low on the Vision Plan. CONCURRENCY Concurrency for this site was granted at the time of PCD approval. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee members, representing public and private agencies affected by the proposed development, reviewed this petition on April 5, 2001. A listing of various departmental comments is attached. The applicant has submitted revised plans and other documents in response to DRC comments. PROJECT DETAILS Building Site The parcel is composed of 23 semi - custom modified zero lot line single family homes on typical lots (62' X 135'). The subject site is 7.48 acres in size and is located within the southeast portion of the Ballenlsles PCD. The site is bordered on all sides by previously approved parcels 18, 19a, 19b, 29 and 20. A lake also bounds the parcel on two sides. Prototypical Model Plans The applicant has submitted three prototypical models proposed for the parcel, the Sonesta, the Chenille and the Hibiscus. To address comments by the Planning & Zoning Commission, the applicant has proposed altering the front elevations of the models so that there are six separate elevations available. The applicant is requesting approval of the attached design guidelines proposed for the prototypical models, not the proposed prototypical models since the applicant is proposing semi - custom homes. This will allow for more efficient processing of building 3 City Council Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 Petition SP -01 -11 permits for the parcel. Access East Island Avenue, the abutting roadway, has been fully constructed. Signage The locations of the parcel entrance signage have been shown on the site plan, as well as the landscape plans, and details have been included with the landscape design plans. The proposed entrance includes a central fountain with landscaping and signage pilasters on either side of the entrance. Landscaping /Buffering This application includes common area planting plans for the entry, as well as planting plans for the cul -de -sac. A proto - typical unit landscape plan has been included which exceeds the minimum required planting requirements of the code. Existing roadway buffer planting plans have been included for approval in accordance with City policy. Also included in this application are plans of the entrance signage design. Maintenance of all common area and buffer landscaping will be by the Property Owners Association. Phasing Development of this parcel will be in a single phase. Drainage A network of drainage inlets and reinforced concrete drainage pipes will be installed within the proposed road rights -of -way to collect and convey stormwater runoff into the adjacent existing water management tracts. Waiver Requests Code Section Required Provided Waiver Staff _ Recommendation Section 75 — Lot 65 feet 62 feet 3 ' Support Width Section 75 — 7.5 feet 3'1" 415" Support Side Setback zero lot line home Section 75 — 7.5 feet 6'11" 7" Support Side Setback Section 75 - 25 feet Front Bldg. - 15' 10' Support Front Setback Front loaded garage — 20' Section 75 — 10 feet 5' S' Support Rear Setback Section 75 — Lot 35% 50% 15% Support Coverage The applicant has provided adequate justification for all requested waivers; therefore, staff 4 City Council - Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 Petition SP -01 -11 supports all waivers. (Project Narrative attached) PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this petition on May 8, 2001 and recommended approval 7 -0 with a condition of approval regarding the proposed design guidelines. The Commission also recommended approval of all six waivers. RECOMMENDATION Staff recommends approval of petition SP -01 -11 with conditions of approval and waivers, as provided in the attached resolution. 5 Last Revised: June 6, 2001 Original: May 24, 2001 RESOLUTION 86, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF 23 SINGLE - FAMILY UNITS ON 7.48 ACRES WITHIN PARCEL 21 IN THE BALLENISLES PLANNED COMMUNITY DISTRICT, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -11) from BallenIsles Development Company, to approve a Site Plan for the construction of 23 modified zero lot line semi - custom single - family dwelling units on 7.48 acres within Parcel 21 in the BallenIsles Planned Community Development; and WHEREAS, the applicant seeks six waivers as part of site plan approval; and WHEREAS, the 7.48 acre site is currently zoned Planned Community Development (PCD); and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan; and WHEREAS, on May 8, 2001, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to-certain conditions stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for the construction of 23 modified zero lot line semi- custom single - family dwelling units on 7.48 acres within Parcel 21 in the BallenIsles Planned Community Development, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said Site Plan is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to construction plan approval, the applicant shall provide all appropriate traffic control signage on the plans. (2) Prior to construction plan approval, the typical lot grading detail shall be included on the construction plans. Section 3. The following waivers are hereby granted with this approval: (1) Section 75, Maximum Lot Coverage, to allow for 50% lot coverage. The Land Development Regulations require a maximum of 35% lot coverage. , (2) Section 75, Front Setback, to allow for 15 -foot front setback. The Land Development Regulations require a minimum 25 -foot front setback. (3) Section 75, Rear Setback, to allow for a 5 -foot rear building setback, and to allow for a 3 -foot rear screen enclosure setback. (4) Section 75, Side Setback, to allow for a 31" side setback on the zero lot line. The Land Development Regulations require a minimum 7.5 -foot side setback. (5) Section 75, Maximum Lot Width, to allow for 62 feet lot width. The Land Development Regulations require a maximum lot width of 65 feet. (6) Section 75, Side Setback, to allow for a 6'11" side yard setback on the non -zero lot line. The Land Development Regulations require a minimum 7.5 -foot side setback. Section 4. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: (1) Site Plan, 1 sheet, prepared by Urban Design Studio, dated May 17, 2001. (2) Conceptual Entrance Site Plan, 1 sheet, prepared by Bradshaw -Gill and Associates, dated May 17, 2001. (3) Conceptual Entrance Elevation, 1 sheet, prepared by Bradshaw -Gill and Associates, dated January 18, 2001. (4) Prototypical Landscape Plan, 1 sheet, prepared by Bradshaw -Gill and Associates, dated January 9, 2001. 2 (5) Prototypical Model, 3 sheets (sheet 2-4), prepared by Judith L. Kelly, dated January 23, 2001. (6) Design Guidelines for Sonesta Cove — BallenIsles Parcel 21, 1 page, prepared by Urban Design Studio, dated May 15, 2001. Section 5. Said approval shall be consistent with, and expressly incorporates, all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS ATTESTED BY: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON SABATELLO COUNCILPERSON FURTADO COUNCILPERSON CLARK DAY OF , 2001. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT 3 oescwP-noN ORB 73�--r rQ 727 A parcel of land lying In Sections 11, 12.13 b 14. Township 42 South. Range 42 East, Palm Beach County. Florida. Said parcel being more particularly described as follows: . From the Northwest corner of Section 11, Township 42 South. Range 42 East. bear S 00' S3' 13' W a" the West line of said Section 11. a distance of 500.05 feet to a point on a line, parallel with and 400 feat Southerly of, as measured at right angles to, the Southerly line of that certain parcel of land described in the Final Judgement. retarded In The Minutes of the Circutt Court Book 70, Page 352. and the Point of Beginning of the herein described parcel of land. thence proceed S 88' 22'38' E along said parallel line, a distance o(643.89 feet; thence N 77' 35' 12' E, a distance of 164.93 feet to a point on a line, parallel with and 400 feet Southerly o(,: as measured at right angles to, the Southerly right -of -way line of P.G.A. Boulevard (Monet Road), as rscordod In Ot%ial Record Book 2372. Pages 1495 and 1496, Public Records of Pakn Beach County, Florida; thence S 88' 22' 38' E, along said parade[ Una, a distance c(713.36 feet; thence S 66' 17 18' E, a distance o(393.17 feet to a point in the Westerly fine of a parcel of land described In Official Record Book 1729, Page 1249, Public Records of Palm Beach County, Florida; thence by the following eour3ea with said parcel of land: thence N T34 S7 50' E. a distance of 34.02 feet; thence S 16. O7' .10' E, a distance of 503.19 feet; thence N 63' 57 50' E. a distance of 280.17 feet; thence N 74. 45' 24' E. a distance of 229.13 feet; thence N 84' 45' 24' E. a distance of 224.37 feet to a point on the Westerly line of an 80 foot wide easement for Road purposes and Public Utilities, as nK=ded In Offn'sai Record Book 957, Pages 558 through 552, Public Records of Palm Beach County, Florida; thence along said Westerly Una, S O5' 14' 36' E, a distance of 100.00 feet to a point on the Northerly line of that certain parcel of land described in Official Record Book 1534, Page 96. Pubic Reccr+ds of Palm Beach County. Florida; thence Westerly. Southerly and Southeasterly along the Northerly. Weatedy and Southerly lines of those certain parcels of land described in Official Record Books 1534. Page 96. 1736, Page 970, 1710. Page 1529, 1690, Page 849. 1676, Page 1540, and 1649, Page 1567, Public Records of Palm Beach County. S 84' 45' 24'W. a distance o(215.63 feet thence S 74. 45 24"W. a distance o(210.87 feet thence S 63' 57 50' W. a distance of 288.29 feet; thence S 16. 07' 10' E. a distance of 65.42 feet thetas S 22' OT 10' E, a distance of 422.66 feet; therioe S 44' OT 10' E. a distance of 177.49 feet to a point on a curve cone ve to the South; having a radius of 690.00 feet from which a radial line bears S 16' 54' 46' E. thence Easterly and Southeasterly along the arc of said cuw through a central angle of 45' 4T 36', an arc distance of 551.48 feet to this point of tangency; thence S 61. OT 10' E. a distance of 29.33 feet to the point of curvature of a curve concave to the Northwest, having a radius of 40.90 feet thence Northeasterly along the anti of said curve through a central angle d 164• W 00, an arc d'is'tance of 117.07 feet to a point on the Westerly fine of said 80 foot easement; tt%ence along said Westerly line S 45. 07' 10 E. a distance of 170.42 feet to the Northwesterly corner of a parcel of land described in 0fftcial Record 'Boo k 3057. Page 1377. Public Records of Palm Beach County. said parcel also being Lot 6. Block 16. Pint Na 3, P.GA National Golf dub Estates (Unrecorded). also being • point on a atve concave to the South, having a mdku of 49.74 feet from which • radW tins bears S 44' 57 50' W. #*not Westerly along the arc d said curve ttraugh a cartttai angle of 86. 56' Sr. an act~ distance of 75.48 feet to the point C( tangency; tiwm S 47' W Sr W. a dkWrce of 29.60 feet to the point -of curvature of a ck onoave to the North, having a radius of 50.OL C thence Westerly along the acv of said cove ftvL gh a central angle of SO' 1T 06', an am distance of 43.88 feet; thence S 28' SZ SO' W. a distance of 153.24 feet to the Scua wasterly of said parcel; thence by the following courses along the Southwesterly line of those certain parcels of land described in Offacal Ref d Books 3057, Page 1377. 1826, Page 818, 2936, Page 50, 2905, Page 1878.2932. Page 1604. 2941, Page 1288, and 2942, Page 1402, of the Public Records of Palm Beach County, said parcels being Lots 6 through 12. Block 16, respectively, of said Plat No. 3, P.G.A. National Golf Club Estates (Unrecorded). S 61' OT 10' E. a distance of 253.50 feet thence S 39' 51'•42' E. a distance of 250.00 feet: thence S 48' 24'37' E, a distance of 162.65 feet thence along the Southeasterly line of aforesaid Lot 12, the Southeasterly line of that certain 80.00 foot easement. as recorded in Official Record Book 957, Page 558. Public Retards of Palm Beach County, and a parcel of land described in Official Record Book 1808, Page 1342. Public Records of Palm Beach County, said parcel being Lot 13. Block 1 S. of the aforesaid Plat No. 3. P.G.A. National Golf Club Estates (Unrecorded). N 60. 52' 50' E. a distance of 368.93 feet to the Northeasterly corner of said Lot 13, said point being on a curve concave to the Southwest, having a radars of 1500.00 feet. whose center bears S 64' 52' SO' W; thence Northwesterly along the Northeasterly line of those certain parcels of land described in Official Rem d Books 1808. Page 1342: 1808, Page 1336; 1573, Page 423; 1543. Page 143. 1006, Page 128: 3614. Page 1100: 3614, Page 1089; and 3605, Page 440, of the Public Records of Palm Beach County, Florida, said parcels being Lots 13, 12, 11, 10, 9, 8, 7, and 6. Block 1S, respectively, of said Plat No. 3. P.G.A. National Golf Cub Estates (Unrecorded), through a central angle o(20* 00'0(r. an arc distance of 523.60 feet to the point of tangency; thence N 45' 07' 10' W, a distance of 301.17 feet to the Northeasterly comer of said Lot 6, Block 15; thence along the Northerly line of said Lot 6, Block 15, S "' S7 45"W. a distance of 160.00 feet to a point on the Eastefiy line of said 80 foot easement; thence along said Easterly line through the following two courses: N 45. 07' 10" W. a distance of 83.83 feet to the point of curvature of a curve concave to the Northeast, having a radius of 370.00'feet thence Northwesterly along the arc of said curve through a central angle of 02' 30' 17', an arc distance of 16.17 feet to the Southwesterly comer of a panel of land being Lot 4, Block 15, of said Plat No. 3, P.G.A. National Golf pub Estates (Unrecorded), as recorded in Official Record Book 3832 Page 830, Public Records of Palm Beach County, Florida: thence along the South, West. and North lines of said Lot 4, Block 15, dv=2Qh the following three courses: N 47. 24= 39' E. a distance of 160.92 feet thence N 380 06' 30' W. a distance of 70.87 feet thence S 68' 54' SO' W, a distance o(1,54.68 feet to a point on the Easterly fine of said 80 foot wide easement, also being on a curve concave to the Northeast, having a radius of 370.00 feet from which a radial line bears N 67' 30' 58' E. thence Northwesterly along said Easterly fine and the arc of said curve ORB 7354 F9 -.TZV through a central angle of 20' 07' 51', an arc distance of 130.00 feet to a point on the South fine of that certain panel of land described in Official Record Boric 1721, Page 1059. Public Records of Palm Beach County, Florida; thence along the Southerly and Southeasterly lines of said parcel through the following five courses and along the Northerly boundary of the Plat of the Boundary of Golf dub She Professional Golfers Asm--n-iation of America. as recorded in Plat Bode 27. Pages 182 and 163. Public Records of Palm Beach County, Florida; thence S 88. AT 39' E. a distance of 152.79 feet; thence N 20. 43' 50' E, a distance of 55.00 feet thence N 29' 51' 35' E. a distance of 60.00 feet; thence N 37' 05' 10' E, a distance of 55.00 feet thence N 50' 2T 50' E. a distance of 55.00 feet to a point on the Southerly boundary of that certain - parcel of Land as described in Official Record Book 2539. Page 99, Public Records of Palm Beach County, Florida; thence along said Southerly boundary through the following courses; thence N 70. 04' 50' E. a distance of 55.00 feet thence N 77' 34' Sir E. a distance of 95.00 feet thence S 81. 02'05- E. a distance of 176.39 feet thence S 71. 12' 12" E. a distance 398.81 feet thence S 88' 21' 42' E. a distance of 200-00 feet; thence N 51' 18' 13' E. a distance of 203.36 feet thence S 88' 21' 42' E. a distance c(474.09 feet to the point of curvature of a curve concave to the Southwest, having a radius of 313.72 feet; thence Southeasterly along the arc of said curve through a central angle o(40' AT 36. an arc distance of 223.36 feet to the point of reverse curvature of a curve concave to the Northeast, having a radius of 100.00 feet; thence Southeasterly along the am of said curve through } a central angle of 36' 52' 57', an arc distance of 64.37 feat to the point of tangency; thence S 84' 32' 09' E, a distance of 241.35 feet to the Southeast corner of said parcel of land as described in Official Record Book 2539. Page 99. Public Records of Palm Beach County, Florida; thence continue S 84. 32'09' E along the North boundary of said Gott Club Site, a distance of 125.30 feet to the East -fine of said Section 11; thence by the following courses along the Northeasterly boundary of said Golf Club Site; thence S T3' 27' Sr 'E. a distance of 100.00 feet thence S 68. 57' ST E, a distance of 530.98 feet thence N 83' 29'3r E. a distance of 57.87 feet to a point on a curve concave to the Southwest, having a radius of 1500.00 feet, whose center bears S 25. 37 Sr W; thence Socrtheasterly along the arc of said curve, through a central angle of 13' 27 09'. a distance of 350.00 feet to the point of compound curvature of a curve concave to the Southwest, having a radius of 400.00 feet thence Southeasterly. along the arr of said curve, through a central angle of 18' 29' S6% a distance of 129.15 feet to the point of reveme curvature of a curve concave to the Northeast, having a radius o(600.00 feet thence Southeasterly. along the arc of said curve, through a central angle of 31' 59' S0'. a distance of 335.07 feet to the point of reverse curvature of a curve concave to the Southwest, having a mdkia of 400.00 feet thence Southeasterly along the arc of said curve, through a central angle o(25* 29' 54', a distance of 178.01 feet to a point on said curve, whose center bears S 51' 02' 07' W; thence along a non - tangent fine, S 30. 26' 03' E. a distance of 202.24 feet thence S 36' 04'4r E. a distance of 295.22 feet; thence S 63' Sr 53' a distance o(434.65 feet thence S 23. Sr 13' E. a distance of 209.65 feet thence S 43' 26' Ali" E, a distance of 183.85 feet to a point on a curve concave to the Southwest. having a radius of 70.00 feet. whose center bears S 01. 33' 11' W. thence Southeasterly along the arc of said curve through a central angle of 90. 00' 00'. a distance of 109.96 feet to the point of tangency of sald P -3 OR 735-4 aq 730 curve; thence S O1' 33' 11' W. a distance of 165.00 feet; thence S 03' 45' 41' E. a distance of 215.93 feet; thence S 88' 26' 49' E. a distance of 30.00 feet; thence S 01' 33' 11' W. a distance of 100.00 feet; thence N 88' 26' 49' W. a distance of 30.00 feet thence N 56' 09' 02- W. a distance of 136.64 feet; thence S 76' S8' 09" W. a distance of 37.51 feet to a point in the North line of Lot 22. Block 51, as shown on the Plat of Plat No. 2. P.G.K National Golf qub Estates, recorded in Plat Sock 28. Pages 72 and 73, Public Records of Palm Beach County. Fiorida; thence by the following courses. a" the Northerly and Westetiy boundary of said Plat No. 2. N 88' 03' S1' W, a distance of 83.19 feet thence S 72' 1S 02' W. a distance of 170.00 feet thence S 44' 52' ST W. a distance of 942.03 feat to the point of curvature of a curve concave to the Southeast, having a radius of 610.00 feet; thence Southwesterly, along the arc of said curve through a central angle of 28' 00' 00, a distance of 298.10 feet to the point of tangency of said curve; thence S 16' S2' 50' W. a distance of 150.44 feet to the point of curvature of a curve concave to the Northwest, having a radius of 880.00 feet; thence Southwesterly along the arc of said curve through a central angle of 19' 17' 28. a distance of 296.29 feet to a point on said curve, whose center bears N 53' 49' 42" W; thence along a non- tangent line. S 42' 38' 19' W. a distance of 299.08 feet: thence N 87' 21' 39' W. a distance of 305.00 feet thence S 01' 38' 21' W. a distance of 262.70 feet to a point on the Southerly boundary line of said Plat No. 2, P.G.A. National Golf Club Estates; thence S 80' 22'21- E along said Southerly boundary, a distance o(24.41 feet to a point on a line parallel with. Easterly of and 601.69 feet distant, as measured at right angles to the West line of said Section 12; thence along said line. S 01' 31'22W. a distance of 119.34 feet to the North line of Section 13. Township 42 South. Range 42 East; thence along said North line of Section 13, S 88' 21' 41' E. a distance of 39.06 feet to a point in the East fine of the Northwest 14. of the Northwest 1/. of the Northwest V. of said Section 13; thence along said East line. S 01' 37' 39' W. a distance of 663.25 feet to a point in the North line of the South % of the North 'A of the Northwest U4 of said Sedan 13; thence along said North fine S 88' 22' 55' E. a distance of 1913.74 feet to the Westerly right- of-way line of Military Traci. as recorded in Official Rez u d Boric 2797, Page 1 536, Public Retards of Paint Beach County. Florida, said fine being Westerly d, parallel with and 67.00 feet distant, as measured at right angles to the North -South W Section line of said Sec:V=n 13; thence along said right -of -way line, S 01' 45' 31' W, a distance of 500.73 feet; thence N 88' 26'4T W. a distance of 869.63 feet to a point on the West line of the East 936.63 feet of the Northwest VA of said Section 13; thence along said West One S 01. 45' 31' W. a distance of 482.30 feet thence S 88' 26' 34' E. a distance of 491.03 feet to the point of curvature of a curve concave to the South having a radius of 429.00 feet; thence Easterly along the art of said curve through a central angle of 26' 4T 51', an art distance of 200.65 feet to the point of reverse curvature of a curve concave to the North having a radius of 321.00 feet; thence Easterly along the are of said curve through a central angler of 26' 47" 51'. an art distance of 150.13 feet to the point of tangency; thence S 88' 26' 34' E. a distance of 40.19 feet to said Westerly right-0f -way line of Military Trail; thence along said right- of-way line. S 01' 45'31' W. a distance of 158.00 feet; thence N 36' SO' 47- W. a distance of 63.80 feet to a point on a Gave concave to the .a - Z( North having a radlus of 429.00 feet from which a radial line bean N 01' 33' 25- E. thence proceed Westerly along the art of said curve through a central angle of 26' AT 51', an arc distance of 200.65 feet to the point of reverse nuvatum of a Curve corrave to the South having a radius of 321.00 feet; thence proceed Westerly along the arc of said curve through a central angle of 26' AT 51', an art distance of 150.13 feet to the point of tangency of said curve, said point being on the North line of the South 896.69 feet of the Northwest '/. of said Section 13; thence along said North line, N 88' 26'34- W. a distance of 491.41 feet to a point on the West line of the East 936.63 feet of the Northwest Y. of said Section 13; thence along said West line S 01' 45 31' W, a distance of 466.69 feet to a point In the North line of a 100.00 wide Canal right -of -way, as recorded in teed Book 1048, Page 213, Public Records of Palm Beach County, Florida; thence along said North right -of -way line, S 88. 206' 34' E. a distance of 869.64 feet to said Westerly right-of-way line of Military Trail; thence along said Westerly right- of-way line. S 01' 45 31' W. a distance of 1093.08 feet to a point in the South line of the /. North ' of the Southwest '/4 of said Section 13; thence along said South line. N 8P' 28'23W. a distance of 1908.85 feet to a point on the East line of the West 'fi of the Northwest 'l. of the Southwest Y. of said Section 13; thence along said East line. S 01' 43' 42" W. a distance of 466.07 feet to a point on a fine parallel with, Northerly of and 198.00 feet distant, as measured at right angles to. the South line of the Northwest '/. of the Southwest '/. of said Section 13; thence along said line, N 88' 30' 11' W. a distance o(658.53 feet to a point on the West fine of said Section 13; thence along said West line. S 01. 43' 0' W, a distance of 86242 feet to a point on the South line of the Northeast'/. of the Southeast' /. of the Snrtheast' /4 of Section 14, Township 42 South. Range 42 East thence along said South fine, N 88' 2T 48- W. a distance of 50.00 feet to a point on the West line of the East 50.00 feet of said Section 14 also being on the West right -of- way fine of a road right -of -way, as recorded in Corrxnissionen Minutes Book 9, Page 434, Public Records of Palau Beach County, Florida. thence along said West One. N 01. 43' 07' E. a distance of 460.00 feet to a point on the North Una of the South 460.00 feet of the Northeast 11/4 of the Southeast '//6 of ttie Southeast '/. of said Section 14; thence along said North fine, N 88' 27' 48' W. a distance of 380.00 feet to a point on the West fine of the East 430.00 feet of the Northeast 11/4 of the Southeast Y. of the Southeast'/. of said Section 14; thence along said West Una, S 01. 43' 07' W. a distance of 460.00 feet to said South fine of the Northeast % of the Southeast S/. of the Southeast V.; thence along said South One, S 88' 2T 48' E, a distance of 98.79 feet to a point on the West fine of the East % o<the Southeast'/. of the Southeast Y. of the Southeast'/. of said Section 14'. thence along said West One, S 01* 44' S2' W. a distance of 664.68 feet to a point on the South fine.of said Section 14, also being the North right-of- -way line of West Lake Park Road, as recorded in Road Plat Book 6. Pages 127 and 128, Public Records of Palm Beach County. Florida; thence along said South Section lime. N 88' 30' 27' W. a distance of 331.55 feet to the West line of the Fast '/4 of the Southeast 1/4 of said Section 14; thence along said West line, N 01' 46' 37' e. a distance /1- 5, of 2659.72 f the East - West % Section line of said Section thence along ` said East-West `, Section line. N 88' 17 51' W. a distance of 202 1. 15 feet to a 1 point on the West fine of an 80 foot road right -of -way, as recorded in Deed Bode 809, Page 317 of the Public Records of Palm Beach County, Florida, said line being parallel with and 40 feet Westerly of, as measured at right angles to the North -South Quarter Section line of said Section 14; thence S 01' ST 05' W along said West line, a distance of 1333.01 feet to a point on the North line of the Southeast 1/a of the Southwest IA of said Section 14; thence along said line, N 88' 25' 32"W. a distance of 615.32 feet to a point on the East line of the West 'h of the Southeast ' /4 of the Southwest l/. of Section 14; thence along said East line, S 02' 16 22' W. a distance of 1334.09 feet to a point on said South line of said Section 14 and North right -of -way line of West Lake Park Road; thence along said South.Section line, N 88' 31' 06' W. a distance of 1267.96 feet; thence N 81' 22' 16' W, a distance of 463.98 feet; thence N 88' 29' 46' W, a distance of 260.79 feet to a point on the West line of said Section 14; thence along said. West Section line, N 03' 14' 00' E. a distance of 2617.98 feet to the West' /. corner of said Section 14; thence continue along said West line, N 01' 27 23' E. a distance of 2628. 12 feat to the Northwest corner of said Section 14; thence along the West fine of Section 11, Township 42 South, Range 42 East, N 00' 50' 3z- E. a distance of 2668.90 feet to the West 1/a corner of said Section 11; thence continue along said West Sedan line, N 00' S3' 13' E, a distance of 2170.27 feet to the Point of Beginning. Together with a parcel of land lying in Section 11, Township 42 South, Range 42 East, Palm Beach County, Florida. Said parcel being more particulady described as foll: +W3- Beginning at the point of intersection of the Northerly line of that certain parcel of land as recorded in Official Record Boric 1721, Page 1059. Public Records of Palm Beach County, Florida, and the Easterly line that certain 80 foot easement for Road purposes and Public Utilities, as recorded in Official Record Bode 957. Pages 558 through 56Z, Public Records of Palm Beach County, Florida, said point being on a curve concave to the West, having a radius o(1040.00 feet from which a radial line bears S 86' 38' 23' W; thence Northerly along said Easterly line through a central angle of 01' 52' 59. an art; distance of 34.18 feet to the point of tangency; thence N OS' 14' 36' W. a distance of 150.00 feet; thence leaving said Eastery right -d -way tine, N 84' 24' 45'.E, a distance of 9.91 feet; thence N 60' 15' 59' E, a distance of 19026 feet; thence N 13' 3T' 03- E. a distance of 177.75 feet; thence S Sr 21' 42' E, a distance of 160.39 feet to the rthwestedy comer of that certain parcel of land as described In Official Record Book 2539. Page 99, Public Records of Palm Beach County; Florida; thence along the Southerly and Easterly line of said parcel through the following courses. - S 88' 21' 42' E. a distance of 340.48 feet; thence S 81. 50' 31' E. a distance of 210.89 feet to the Southwesterly corner of that certain parcel of land as described in Official Record Book 2539, Page 99, Pubic Records of Palm Beach County, Florida; thence along the Southerly and Easterly fines of said parcel through the following courses; S 81. 5O' 31' E. a distance of 118.84 feet; thence N 34. 29' 07' E, a distance of 92.19 feet to the Southeasterly fine of that certain parcel of land described In Official Record Book 2539, Page 93. Puble Records of Palm Beach County. Florida; thence continue N 34.29' 07' E along said Southeasterly fine, a distance of 92.93 A* to the Southeasterly corner of that certain parcel of land as described In Offrial Record Book 2539. Page 103. Public Records of Palm ,4-6 Beach Cou. _ .. iodda; thence along the Southerly line d said partial through the following !nos: N 34' 29' 0T- E. a distance of 224.41 feet; thence S T2. 24' S9' E. a distance of 259.03 feet thence S 41' 43' 30' E. a distance of 236.30 feet; thence. N 80' 04' 42' E. a distance of 69.90 feet thence along the Southerly prolongation of the Easterly line of aforesaid parcel. S 01' 37'33, W. a distance of 101.48 feet to a point on the Northerly line of that certain parcel of land as described in Official Record Book 2539. Page 99, Public- Records of Palm Beach County. Florida; thence along said Northerly line through the following copses; S 80' 04' 4Z' W, a distance of 103.90 feet thence N 41° 43' 30' W, a distance of 117.57 feet to the Southeasterly corner of that certain parcel of land described In Official Record Bode 2539. Page 103. Public Records of Palm Beach County, Florida; thence along the Easterly. Northerly, and Westerly lines of sald parcel through the following courses; N 41. 43' 30" W, a distance of 146.94 feet; thence N 72' 24' 59' W. a distance of 157.46 feet thence S.34* 29' 07' W. a distance of 178.65 feet to a point on the Northerly line of that certain parcel of land described in Official Record Bode 2539, Page 99. Public Records of Palm Beach County. Florida; thence along said Northerly tine duough tt,,.* following courses; S 34' 29' 07' W, a distance of 218.84 feet; thence N 81. 50' 31' W. a distance of 386.12 feet; thence N 88. 21' 42'W. a distance of 414.12 feet; thence S 13' 37' 03' W. a distance of 147.25 feet thence S 15' 06' 59'W. a distance of T7.03 feet to the Northeast comer of a. parcel of land described in Official Record Boric 1721, Page 1059; thence along the Northerly boundary of said parcel. S 60' 15' 59' W. a distance of 208.65 feet; thence S 84. 41' 13' W. a distance of 20.29 feet to the point of cawature of a curve corcave to the Southeast, having a radius of 25.00 feet; thence Southwesteriy along the arc of said curve through a central angle of 88' OT 00", an arc distance of 38.45 feet to the Point of Beginning. Together with a parcel of land lying in Section 11, Township 42 South. Range 42 East, Palm Beach County. Florida. Said parcal being more partic ulady described as follows: Commencing at the North 1/4 carnet of said Section 11, proceed N 88' 22' 38' W. along the North fine of Section 11 (said North tine of Section 11 is taken to bear N 88' 27 38' W and all other bearings ace relative thereto). a distance of 55.69 feet to a point on the centerline of an 80 foot easement for Road purp�s and Public Utilities, as recorded in Official Record t)odc 957. Pages 558 through 562, Public Records of Palm Beach County, Florida: thence S 01' 38' 18' W. along said centerline. a distance of 60.00 feet to the Southerly right-of -way of P.GA Boulevard, as recorded in Official Record Book 2372. Pages 1495 and 1496. Public Records of Palm Beach County, Florida; thence S 88' 22' 38 E, along said Southerly right -of- -way, a distance of 40.00 feet to the Easterly line of said 80 foot wide easement; thence continue S 88' 27 38' E. along said Southerly right - d-way One, a distance of 14.87 feet to the Point of Beginning, also being a point on a curve concave to the Southeast, having a radius of 25.00 feet and lying on the Easterly right -of -way of Avenue of the P.G.A., as shown on Plat No. 3, P.GA National Goff Club Estates (Unrecorded); thence Southwesterly along the arc of said curve through a central angle of 36' 21' 59'. an are distance of 15.87 feet to the poirit of tangency; thence S 01. 38' 18" W. a distance of 35.00 feet to the point of curvature of a curve concave to the East, having a radius x(160.00 feet; thence Southerly along the arc of said curve through a central angle d 23' 00' 00'. an ace distance of 64.23 feet to the point of reverse curvature of a carve concave to the West having a radius of 240.00 feet; thence Southerly along the ue Of said asrw trough a central angle of 23. IT 27. an alt distance d 5728 _ - feet b the point of reverse wrvattra of a curve concave to the East. having a A-% ' radius of 3GZ70 feet; thence Southerly along the art of said curve through a central angle of 30' 13' 27', an art distance of 191.33 feet to the point of tangerx. , thence S 28' 21' 42' E, a distance of 33.94 feet to the point of curvature of s curve concave to the Southwest, having a radius of 814.41 feet: thence Southeasterly along the arc of said curve through a central angle of 23' 07' W. an art distance of 328.61 feet to the point of tangency, said point being on the Easterly line of said 80 foot easement; thence Southerly along said Easterly line through the following r-n uses; S 05' 14' 36' E. a distance of 205.49 feet to the point of curvature of a curve concave to the West, having a radius of 1040.00 feet; thence Southerly along the arc of said curve through a central angle of 01' 57 59. an art distance of 34.18 feet to a point on the Westerly boundary of that certain parcel of land, as recorded in Official Record Book 1721, Page 1059, Pudic Records of Palm Beach County, Florida: thence along said Westerly boundary and aforesaid curve, having a radius of- 1040.00 feet through a central angle of 01' 37 51', an arc distance of 28.09 feat to the point of tangency: thence S 01' 48' 4S' E. a distance of 164.47 feet to the point of curvature of a curve concave to the Northeast, having a radius of 370.00 feet: thence Southeasterly along the art of said curve through a central angle of OT 37 26'. an art; distance of 3.49 feet to the Southwesterly comer of said parcel: thence continue along said Easterly easement line and said cave through a central angle of 20' 07' 51', an art distance of 130.00 feet to the Northwesterly corner of that certain parcel of land, as recorded in Official Record Book 3832. Page 830, Public Records of Palm Beach County. Florida; thence- continue along said Eastedy line j and Westerly boundary line of said parcel along the arc of aforesaid curve through a central angle of 20' 07' S1', an art distance of 130.0.0 feet to the Southwesterly corner of said parcel. thence continue along said Easterly easement line and aforesaid curve through a central angle of 02' 30' 17', an art distance of 16.17 feet to the point of tangency; thence S 45' 07' 10' E. a distance of 83.83 feat to the Northwesterly corner of that certain parcel of land. as recorded in Official Record Book 3605. Page 440, Public Records of Palm Beach County, Florida: thence along the Westerly boundaries of those certain parcels, as recorded in Official R� Books 3605. Page 440; 3614, Page 1089: 3614, Page 1.100; 1006, Page 128; 1543. Page 143; 1573. Page 423; 1808. Page 1336; and 1808, Page 1342, said parcels being Lots 6 through 13. Block If respectively, of said Plat No. 3, P.GA National Golf pub Estates (Unreccrded), S 45' OT 10' E, a distance of 301.17 feet to the point of curvature of a curve concave to the Southwest. having a radius of 1340.00 feet: thence Southeasterly along the arty of said curve through a central angle of 160 00' 00, an art distance of 374.20 feet to the point of tangency; thence S 290 Or 10' E. a distance of 104.63 feet to a point on the Northerly boundary of the Clubhouse Site, as shown on the Plat of Boundary of Goff Club Site of the Professional Gotfam Association of America, as recorded in Plat Book 27. Pages 182 and 183, Public Re c;- ds of Palm Beach County, Florida: . -.1 1. J ov zkz W- W. a dW- -A of 80.00 heel to the Westerly fine of said 80.00 foot easement, also bein' • Southeasterly conger of 8 rtain parcel of land. as recorded in Olticial -ard .Bock 2942. Page 1402, rubiic Records of Palm Beach County. Florida: thence along the Easterly boundaries of those certain panels. as recorded in Official Record Bodes 2942, Page 1402: 2941. Page 1288; 2932. Page 1604. 2905,.Page 1878. 2936, Page 50: 1826, Page 818: and 3057, Page 13T7. N 29' OT 10' W, a distance of 104.63 feet to the point of curvature of a crave concave to the Southwest, having a radius o(1260-00 feet; thence Northwesterly along the arc of said curve through a central angle of 16' 00' OO', an art distance of 351.86 feet to the point of tangency: thence N 45' 07' 10' W, a distance o(214.58 feet; thence continue N 45' 07' IT W along said Westerly easement line, a distance of 170.42 feet to -the point of curvature of a curve concave to the Northeast, having a radius of 450.00 feet, said point also lying on the Easterly boundary of that certain parcel of Land, as re corded in Official Record Book 1649, Page 1567, Public Ruda of Palm Beach County, Florida: thence Northerly along the Easterly boundaries d those certain parcels. as recorded in Official Re,-,-,-d Bodes 1649, Page 1567; 1609, Page 1; and 1534. Page 96. Public Records of Palm Beach County. Florida, through a ceiural angle elf 43' 18' 25', an art distance of 340.13 feet to the point of tangency; thence N 01' 48' 45' W. a distance of 164.47 feet to the point of curvature cf a curve concave to the West, having a radius of 960.00 feet: thence Northerly along the arc of said curve through a central angle of 03' 25' S1', an arc distance of 57.48 feet to the point of tangency: thence N OS' 14' 36' W. a distance of 50.00 feet to the Northeast career of said parcela; thence continue N 05' 14' 36" W along said Westerly easement line, a distance of 100.00 feet to the Southeasterly comer of that certain parcel of Land, as recorded in Official Record Bodo 1729, Page 1249, Public Records of Palm Beach County, Florida: thence along the Easterly line of said parcel through the following caurses; N 05' 14'06- W. a distance of 55.49 feet to the Point of curvature of a curve concave to the Southwest, having a radius of 485.26 feet: thence Northwesterly along the arc of said curve through a central angle o(234 07' 06', an art: distance of 155.80 feet to the point of tangency; thence N 28. 21' 42' W. a distance of 131.77 feet to the point of curvature of a curve concave to the Northeast. having a radius of 754.79 • feet; thence Northwesterly along the art: of said curve through a central angle of 08. 07' 16'. an art distance of 106.98 feet to the point of reverse curvature of a curve concave to the Southwest, having a radius of 385.00 feet; thence Northwesterty along the arc of said curve through a central angle of 07' 22' 16' an art distance of 49.53 feet to the point of reverse curvature of a curve concave to the Northeast; having a radius of 248.00 feet;' thence Northwesterly along the am d said curve through a central -angle of 17' OV S8', an arc distance of T3.72 feet to the Southeasterly corner of that certain parcel of land. as recorded in i Of iaf Record Book 3058. Page 43. Public Records of Palm Beach County, Florida: thence continue Northerly along the are of said carve through a central angle d 19' SW 02', an art distance of 86.43 feet to the point of reverse curvature of a curve concave to the West, having a radius of 405.00 feet; thence Northerly along the am of said curve ttuough a central angle of 07' 45' OO', an arc distance of 54.78 feet to the point of tangency: thence N 01. 38' 18' E. a datsnca of 75.00 feet to the point of euvaWm of a curve concave to the Southwest having a radius of 25.00 feet; thence Northwesterly along the art of said curve through a central angle of 36. 14' 59', an arc distance of 15.82 feet to the point of intersection with said Souuttrady right- of-way line of P.G.A Boulevard: thence along said Southerly right -o&way fine, S 88. 22' 38' E. a distance of 94.83 feet to the Point of Beginning. r ATTACHMENT 3 APPLICANT JUSTIFICATION STATEMENT WAIVERS Meeting Date: May 8, 2001 Date Prepared: April 25, 2001 Petition SP -01 -11 The current code allows and encourages ingenuity, flexibility and imagination in the design of development parcels within a Planned Community District. The coi`isolidation of open space within the PCD creates the need for flexibility in the application of setbacks and other standard Land Development Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations. The Code requires 20% of the PCD to be preserved as Community Serving Open Space. The BallenIsles PCD provides for 52% of the PCD in Community Serving Open Space. The gross density of BallenIsles is 1.8 du's/ac. More than half of the lots within this application abut open space in the form of water. The remaining lots abut a 25' roadway buffer that has existing and mature landscape material. While the minimum lot length is established as 135', most lots exceed the minimum length. Water and landscaped frontage provides for a feeling of open space around the units. In accordance with the PCD sections of the code, at the discretion of the Council, adjacent open space can be credited towards the open space requirements of the parcel. While these parcels meet their required open space requirements, the perception of the adjacent open space for both the home owner and the public is enhanced by designing the lots to be adjacent to golf and/or water. Careful attention has been given to the design of the parcels to provide this amenity. Due to the nature of a Zero Lot Line product, the lot size and setbacks are typically smaller than a standard subdivided lot. This type of product is most often seen within a larger planned community which has consolidated open space areas and flexible land development regulations. While the City Council has approved numerous Zero Lot Line development plans, the approved, Land Development Regulations do not have setback provisions for zero lot line homes. Approval of Zero Lot Line development plans have been facilitated through the site plan approval process allowed as part of the Planned Community Development District site plan approval process. We have used previous approvals as well as standards which have been established by other jurisdictions as a guide in the design of these parcels. In that a Planned Community District does not have specific land development regulations, we have been asked to select an appropriate "underlying" zoning district for the purposes of comparing the proposed development plan with standard zoning district land development regulations. The purpose of the comparison is to identify any deviations that may beTroposed from the standard land development regulations. Parcel 21 is designated on the Master Plan as "Med" which allows a maximum density of 9 du's/ac. The proposed development of Parcel 21 is for semi- custom modified 7 r Meeting Date: May 8, 2001 Date Prepared: April 25, 2001 Petition SP -01 -11 single family zero lot line home lots at a density of 3.08 du's /ac. We have selected the RL -3 Residential Low Density District as the most appropriate zoning district for comparison purposes. We believe that the design of these projects are consistent with previously approved projects in the City, are consistent with the intent and purpose of the Planned Community District regulations, and are consistent with comparable development standards within other communities. For these reasons we feel the requested waivers should be approved and respectfully request your support. The proposed developments are requesting the following waivers from the Land Development Regulations: SIDE BUILDING SETBACK - MODIFIED ZERO SIDE The applicant would like to request a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table 11, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater. The typical width of the proposed lots is 62 feet. Under standard zoning regulations the side setback requirement would be 7.5 feet on each side of the lot. The proposed Modified Zero Lot Line homes will maintain a minimum setback of 3'1" from the "modified zero" side of the lot and a 6'11" setback on the other side of the lot. This waiver request would allow a 4'5" and 1'5" reduction respectively from the required 7.5' side setback. The proposed side setbacks provide for a minimum 10 foot separation between units, which meets the 10 -foot standard established by the Fire Department and other standard zero lot line developments. The 10' separation provides for sufficient area for landscaping and the provision of light and air circulation. SIDE AND REAR POOL /SPA/SCREEN SETBACK The applicant would like to request a waiver from Section 70- RIA Residential Low Density District, subsection (c), Table II, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater, and the rear setback which requires a 10 foot setback. The required side and rear setbacks for pools, spas, and screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that pools/spas, screens and decks be allowed to be constructed 3'1" from the "Modified Zero" side lot line (4'5" waiver), pools and spas to be allowed to be constructed 6 feet from the side lot line (1.5' waiver), and screens to be allowed to be constructed 5 feet from the side lot line (2.5' waiver). The applicant is also requesting that pools and spas be allowed to be constructed 6 feet from the rear lot line (4' waiver) and screens /decks be allowed to be constructed 5 feet from the rear lot line (5' waiver). MINIMUM LOT WIDTH The applicant is requesting a waiver from Section 70- RL-3 Residential Low Density District, E-? Meeting Date: May 8, 2001 Date Prepared: April 25, 2001 Petition SP -01 -11 subsection (c), Table 11, Properly Development Regulations - Minimum Lot Width, which requires a minimum lot width of 65 feet. The typical./minimum width of lots within these parcels are 62 feet. The proposed plan of development for these parcels is to allow Modified Zero Lot Line homes which typically have smaller lot widths. This waiver request would allow a reduction of 3 foot in the minimum lot width. LOT COVERAGE The applicant is requesting a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table 11, Property Development Regulations - Maximum Lot Coverage, which allows a maximum lot coverage of 35 %. This applicant is requesting approval for 50% lot coverage. The proposed 50% maximum lot coverage is consistent with the lot coverage standards for other high - end single family zero lot line residential projects. For example, many of the recent approvals for individual parcels within the Ballenlsles PCD have lot coverage standards of 45 to 60 %. Parcels 15 and 16a have just recently been approved with a 50% lot coverage. Parcel 14 has a lot coverage of 60 %. Approval of comparable parcels in PGA National have also allowed lot coverages from 46% to 67 %. All zero lot line lots within the Mirasol PCD have been approved with 50% lot coverage. SIDE FACING STREET This application is requesting a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table H, Property Development Regulations - Side Facing Street Setback, which requires a 20' setback. The applicant is, proposing a side facing street setback of 10. Due to the configuration of the parcels and the provision of common area open space, all lots will have access to both sides of the lot. Only 2 lots in this application have right -of -way frontage on two sides. Enhanced landscaping will be provided adjacent to the unit to provide additional screening next to the roadway. 9 Design Guidelines for Sonesta Cove - Ballenlsles Parcel 21 May 15, 2001 Unifying architectural treatments shall include: • Concrete block construction with textured or sand stucco finish • Double roll concrete roofs Minimum 2 -car garages • Multi -pane front elevation windows • Roof styles shall be either gable, hip, or boston hip • paneled garage doors • band treatments at windows and doors on side of homes visible to the street • smooth stucco band or imitation precast stucco trim Building heights are not to exceed 36 feet Decorative pavement shall be used on driveways and entry walks No two homes located side by side shall have the same combination of exterior wall /trim paint color and roof the color No two homes located side by side shall have the same front elevation. All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shall also return a minimum of 2 feet along side elevations. Building lot coverage shall be limited to a maximum of 50% Color Selections: Selection A: Roof: 1/3 COPR 1/3 SPEC1 1/3 TER 2% (All with black antique) Body: Benjamin Moore Paints Roxbury Carmel - HC42 Tyler Taupe - HC43 Carrington Beige - HC93 Trim: Benjamin Moore Paints Powell Buff - HC35 Shaker Beige - HC45 Monteray White - HC27 Selection B: Roof: 1/3 CDTN 1/3 SPECL 1/3 ADCL (All with black antique) Body: Benjamin Mgorg Paints Bennington Gray - HC92 Dunmore Creme - HC29 Concord Ivory - HC 12 Chestertown Buff - HC9 Trim: Benjamin Moore Paints Manchester Tan - HC81 Montery White - HC27 Brick: Driveway: Buff /Charcoal /Orange Pool Deck: Buff /Charcoal /Orange Cast Stone Color: RS8 Powell Buff - HC35 RECEIVED CITY MANAGER'S OFFICE MAY 3 1 2001 May 29, 2001 File: 289/39/3221 FEC Florida R A East Coast L W A Y, L.L.C. PALM BEACH GARDENS: GRADE CROSSING MATTERS PROPOSED CROSSING, KYOTO GARDENS DRIVE MP 289 +3,221' Mr. Ronald M. Ferris, City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 -4698 Dear Mr. Ferris: This is in response to your letter of May 17, 2001, and as a follow up to our meeting of May 11, 2001, held at the Florida Department of Transportation office, in Ft. Lauderdale, Florida. By way of this letter I am giving formal notice that the Railway is opposed to this at -grade crossing and will not approve this type of crossing at this location. First, and most importantly, the crossing would create an unsafe condition as the proposed S.W. Ramp overhead highway bridge structure and earthen ramps would impede a motorists line -of -sight when crossing, or turning from Alternate AIA, to proceed west across our tracks. Another safety concern is the physical location of the crossing. The crossing would be located at the end of a curve in our mainline track and would not give our train Engineers time to react should a motorist become stranded or stopped on the crossing. Another factor to consider is the recent signing of an operating agreement between the Railway and Amtrak. Amtrak will operate over our trackage as early as December 31, 2001, and could add as many as four trains per day at this location. This increase in rail traffic along with the projected traffic congestion in this area due to the opening of a new Movie Theatre combined with the existing traffic from the Shopping Mall, is yet another concern. As we stated at the meeting of May 11, 2001, the Railway is opposed to any new at -grade crossings. We are currently in the process of reviewing our existing grade crossing inventory for the purpose of eliminating and therefore reducing the number of crossings on our line. With each new grade crossing, track maintenance increases, another opportunity for a vehicle /train accident is created, and the Railway's liability is escalated. I believe there are several other solutions for solving your traffic congestion problems other than opening another at -grade crossing. One alternative is a grade separated crossing or overhead highway bridge. I know this is a more costly way to cross our tracks, however it would provide a safer and free flowing route for vehicular traffic in general, plus enable your Police, Fire, and Rescue personnel a direct and open route for serving the community. In our May 11, 2001,meeting, One Malaga Street - P.O. Box 1048 - St. Augustine, FL • 32085 -1048 Page 2. Mr. Ronald M. Ferris your representative stressed the importance of this proposed crossing as a relief for PGA Boulevard traffic congestion and as a vital part of your twenty year traffic plan. I'm sure the new PGA Boulevard overpass and roadway improvements were designed to handle a significant increase in vehicular traffic, which will provide years of immediate relief from traffic congestion. The additional funding for an overhead structure at the Kyoto Drive location could then be budgeted over a five to ten year period. Another solution would be to route traffic to the north or south on Alternate AIA, over the existing grade crossings. The crossing to the north is Hood Road, Railway's milepost 288 +2,230', and is 6,271' away from the location of the proposed Kyoto Gardens Drive crossing. The crossing to the south is RCA Boulevard, Railway's milepost 290+1,305', and is only 3,364' away from the proposed Kyoto Gardens Drive crossing. Both of the crossings are in close proximity to the proposed crossing location and would provide relief for traffic congestion on PGA Boulevard. The Railway would consider coordinating the widening of Hood Road or RCA Boulevard, or other improvements you propose, that would help expedite traffic flow at either of these locations. Should you need to further discuss this matter, please call at (904) 826 -2383. Sincerely, -,A. _d. 4jL.W111_ - J. 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I I Imo' F1 n Q • C CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 05/29/01 Meeting Date: 06/07/01 Subject/Agenda Item Ordinance 11, 2001, Providing for Revisions to the Road Impact Fee Program. Recommendation /Motion: Consider a motion to approve Ordinance 11, 2001 on first reading. Reviewed by. Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other I At h t Submitted by: Kent R. Olson Kkb Finance Director Date: November 1, 2000 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] Operating [ ] Other Budget Acct. #: City MaAager- ! I X ] Not required I BACKGROUND: See attached memorandum and study. tac men s. Memorandum [ ] None • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: May 29, 2001 FROM: Kent R. Olson, Finance Director �b SUBJECT: Ordinance 11, 2001 — Road Impact Fees BACKGROUND The City of Palm Beach Gardens hired Duncan Associates last June to conduct a road impact fee study. This road impact fee ultimately resulted in the adoption of Ordinance 31, 2000. Ordinance 11, 2001 clarifies what costs will be considered eligible for impact fee credit and makes some other minor modifications to the Code. DISCUSSION The passage of Ordinance 31, 2000 provided the City with a local road impact fee. However, the Ordinance as written included land costs as eligible for road impact fee credit. The study conducted by Duncan and Associates was based upon the construction costs of the road system only, not the land costs. City Engineer Dan Clark, Principal Planner Steve Cramer and I met with John Gary and John Sapo of Kolter to discuss modifying either the Code or the study to make the calculations more consistent with the Code. Given that most other road impact fees do not provide credit for on -site land dedications, we are proposing to modify the Code to exclude on -site land costs. In addition, we have specifically outlined what costs are eligible for credit in the Ordinance, likewise ensuring that these costs are consistent with the study conducted by Duncan & Associates. These revisions to the road impact fee credit program are contained in a new sub - section (57 (d)) that addresses road impact fees separately from police, fire/EMS and recreation impact fees. Finally, we have made a technical correction by defining the word "road" since not all roads on the City Center and Thoroughfare linkages plans are collector roads. RECOMMENDATION Staff recommends approval of Ordinance 11, 2001 on first reading, providing for revisions to the road impact fee program. CITY OF PALM BEACH GARDENS ORDINANCE NO. 11, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO ROAD IMPACT FEES; AMENDING SECTIONS 49, 50, 51, 54, 55, AND 57 OF DIVISION IV, "CITYWIDE IMPACT FEES," OF ARTICLE III, "DEVELOPMENT REVIEW PROCESS," OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO DELETE REFERENCES TO "COLLECTOR ROADS" AND TO CLARIFY THOSE PROVISIONS RELATING TO ALTERNATIVE PAYMENTS AND CREDITS FOR THE PAYMENT OF ROAD IMPACT FEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Comprehensive Plan provides that land development shall not be permitted unless adequate capital facilities exist or are assured and that land development shall bear a proportionate share of the cost of providing new or expanded capital facilities required by such development; and WHEREAS, relying upon a Road impact Fee Study prepared by Duncan and Associates, dated October 2000, the City adopted Ordinance 31, 2000, providing for the implementation and collection of collector road impact fees to provide new and expanded roadways occasioned by land development; and WHEREAS, relying upon an updated Road Impact Fee Study prepared by Duncan and Associates, dated April 2001, the City wishes to amend its, impact fee ordinance to delete references to collector roads and to clarify those provisions applicable to alternative payments and credits of road impact fees to ensure that the amount of road impact fees collected equals the cost of constructing the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 49, "Applicability," by amending subsections (b), (c) and (d) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 49. Applicability N Intent and purpose. This division shall implement the City's comprehensive plan. The purpose of this division is to ensure that new development bears a proportionate share of the cost of capital expenditures to provide eelteeter road, parks and recreation, police, and fire /emergency medical service protection services in the city as established by the comprehensive plan. (c) Rules of construction. (8) Unless the context clearly indicates to the contrary, the terms coNectU-1- ruoaud," "public safety," "police protection," "fire protection," "emergency medical services (EMS)," and "parks and recreation" shall have the same meanings given those terms in the city's comprehensive plan. For the purposes of this division, the term "road" shall mean Burns Road and those roads identified in the city's thoroughfare plan and city center linkages plan, as incorporated into the city's comprehensive plan. (3l 0) The land use types listed in section 50 for police, fire /EMS and parks and recreation fees shall have the same meaning as in article IV pertaining to zoning. The land use types listed in section 50 for ee"eetor road fees shall be as described in the latest edition of the Institute for Transportation Engineers, Trip Generation manual. (d) Imposition of fees. (1) Fees required. Any person who, auer L le-P1G111UG1 1 ,7a�, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in section 50, shall be required to pay an impact fee for the following services: eelleeto roads, police protection, fire protection /EMS, and parks and recreation in the manner and amount set forth in this chapter. • -2- SECTION 3: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 50, "Fees," by amending the title to the road impact fee schedule to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 50. Fees. Schedule 4: _,L",, 0„R.D.N.S CCLL-CTO^ I SCH`CCLE Road Cost Schedule SECTION 4: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 51, "Independent Calculations," by amending subsection (b) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 51. Independent Calculations. (b) Independent calculation formulas. Any independent calculation shall use the formulas listed below: (4) 'CoNactor rRoads. SECTION 5: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 54, "Trust funds," by amending subsections (a) and (b) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 54. Trust funds. (a) Trust funds established. • -3- There are established four impact fee trust funds, one for eellector roads, one for police protection, one for fire protection and EMS, and one for parks and recreation facilities. (4) CollacL rRoad trust fund. The eelleete road impact fees shall be deposited in the ecHeeter road impact fee trust fund. (b) Investment, use, and budgeting. (3) Budgeting. The city manager shall identify in the city's annual budget those new capital improvements for which the eelleete road, police protection, fire protection, and parks and recreation facilities impact fees will be spent. The funds shall remain restricted in their respective trust funds and the requirements of this division, and the city manager shall ensure that the funds are expended and accounted for in accordance with this division. (4) Audit. The city manager shall maintain such records and documentation necessary to allow the effective audit of the use of the ec"ector road, police protection, fireprotection /EMS, and parks and recreation facilities impact fees. SECTION 6: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 55, "Collection and administrative fees," by amending; subsections (a), (b) and (c) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 55. Collection and administrative fees. (a) Time of payment. The feepayer shall pay the colfleCtOr road, police protection, fire protection /EMS, and parks and recreation facilities impact fees to the city prior to the issuance of a building permit which may be required for development listed in the schedules in section 50. A building permit shall not be issued for any development, unless exempt for such fees as provided herein, until such fees have been paid or until a•al 1.� I...�..a a... ... aL... a..-a-_.a .. the city has accepted ULle to land aiGa meats g this .71C111UC1U3 alternative payment as set out in this section, provided, however, that -4- alternative payments for road impact fees shall be governed exclusively by section 57(d) below. For land uses not requiring a building permit, the authorization to develop shall not be granted until the impact fees have been paid. (b) Alternative payment. In lieu of all or part of the impact fees, the city council may accept an offer by a feepayer to dedicate land and /or construct all or part of a eolleeter read police protection, fire protection /EMS, or parks and recreation facilities project. Such construction must be in accordance with state, county, or city design standards, whichever is applicable. (c) Acceptance. If the city council accepts alternative payment, the city manager shall credit the cost of this construction against the , police protection, fire protection /EMS, or parks and recreation facilities impact fees otherwise due. SECTION 7: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 57, "Exemptions and credits," by amending subsections (a) and (b) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 57. Exemptions and credits. (a) Exemptions. Exemptions for payment of impact fees are established below. (1) No additional demand. Alteration of expansion of an existing building or use of land where no additional living units are created, where the use is not changed, and where no additional demand for ea+feetei° road, police or fire protection services will be produced over and above that produced by the existing use. -5- 240 • (b) Credit. (1) Improvements. a. All improvements to and /or land dedications for police protection, fire protection and EMS, or parks and recreation facilities; Q1 1U Clil VVIIGL,LVI 1 VQU 1111�J1 V V GI1 IGI 1 W 'd.....a:L7 ..A :._ al. .. n:a. .'- TL.�_... ..,. 4. t...�.. 1'91._... .._ /�:L.. n.....a,... IUGIIl111GU III 1118 Vlly J 11IVIUUy111GUG I ICI11 VI V11y V81 ILVI i nk—algg. as ^:anl, required under city development approval shall be credited against impact fees up to the total of the impact fees due. A feepayer proposing credit for land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent assessment of the property for tax purposes to be used in determining the amount of the credit. However, the city retains the right to determine the amount to be credited by preparing engineering and construction cost estimates and /or property appraisals for those improvements and /or land dedications. (2) Alteration, expansion or replacement. Where alteration, expansion or replacement of a building or unit, or a change in land use existing on September 23, 1993, or presently existing which involves an increase in the number of units or square footage or a change in use resulting in new impacts on eaflectort road, police, fire and EMS, or parks and recreation capital facilities for which the impact fee is assessed, credit shall be allowed as provided herein. Credit shall be given for the number of existing units or square feet based upon the existing or previous land use, and impact fees shall only be assessed on the increased level of impact resulting from such alteration, expansion, or replacement. SECTION 8: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 57, "Exemptions and credits," by adding a new subsection (d) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 57. Exemptions and credits. 0 (d) Alternative payment and credit for road impact fees. (1) In general. In lieu of paying or all a portion of the road impact fee, the feepayer may elect to construct road improvements identified in the city's thoroughfare plan or city center linkages plan. The feepayer shall submit a plan of construction, along with a certified engineers cost estimate, to the growth management director and city engineer. (2) Construction standards. All roads constructed pursuant to this subsection shall comply with the requirements of section 248 of the city's land development regulations. (3) Calculation of credit. Based on the certified cost estimate submitted and any other relevant information acquired by or provided to the city, the city engineer shall determine the amount of credit to be given and the timetable for of the proposed construction. The city engineer shall certify the amount of the credit to the finance director. (4) Costs creditable. Credit shall be given only for the costs of plans preparation and construction. a. Plan preparation. Costs of plan preparation for city road network construction shall be credited if approved by the city engineer and the finance director) based on reasonable costs associated with the preparation of such plans. b. Construction costs. Costs of construction shall include only roadway construction and all required sidewalks. striping, signage and curbing. (5) Pooling. In the event the cost of the improvements exceeds the total amount of road impact fees due, the city council may, on a case by case basis and in the exercise of its discretion, allow the feepayer constructing such improvements to pool impact fees for multiple developments or enter into funding agreements with other feepayers whose developments contribute to the need for such capital improvements. SECTION 9: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. 0 -7- SECTION 10: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 11: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS DAY OF , 2001. PLACED ON SECOND READING THIS DAY OF , 2001. PASSED AND ADOPTED THIS DAY OF , 2001. SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK 9 ATTESTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK P ACPWin \H ISTORY\010515A\43 F.96 (319.062)Ig r- doc115 • -8- • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 25, 2001 Meeting Date: June 7, 2001 Subject/Agenda Item: Consideration of approval of Ordinance 17, 2001, regulating the placement of all communications facilities within the City's public roads and rights -of -way. Recommendation: Approval of Ordinance 17, 2001 Reviewed by: Originating Dept: Costs: Council Action: City Attome City Attorney Not Applicable j ] Approved Finance [ ] Approved with Submitted by: City Attomey Approved by: City Manager Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified ( X] Not Required Funding Source: [ ] Operating [ ] Other conditions [ ] Denied [ ] Continued to: Attachments: Memo to City Manager Ordinance 17, 2001 244 M E M O R A N D U M WATFERSON, HYLAND & KLETT, P.A. To: Ronald Ferris, City Manager From: Leonard G. Rubin, City Attorney J6;;) Subject: Telecommunications Right -of -Way Ordinance (Ordinance 17, 2001) File No: 319.058 Date: May 25, 2001 As you are aware, the Florida Legislature enacted the Communications Services Tax Simplification Law during last year's legislative session. Effective January 1, 2001, a municipality may no longer require a telecommunications company to apply for or enter into a license orfranchise agreement. These license orfranchise agreements generally provided for a fee to be paid to the municipality and imposed various rules and regulations on the placement and maintenance of communications facilities within municipal roads and rights -of- way. The City previously adopted Ordinance 7, 2001, which permitted the City to collect a fee from telecommunications providers in the absence of a license or franchise agreement. Ordinance 17, 2001 represents the second step in the implementation of the new legislation. Florida law requires that all telecommunications companies be treated in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the rights -of -way. This ordinance is designed to impose such rules and regulations on all communications providers, with the exception of cable television providers. While the franchise fee collected from cable television providers has been included in the simplified communications services tax, municipalities are still permitted to require individual franchise agreements for cable providers. Ordinance 17, 2001 is based on a model ordinance developed by representatives of the Florida League of Cities, the Florida Association of Counties, and the Florida Telecommunications Industry Association, with a number of minor revisions based on comments from City staff. Once adopted, all new and current providers of communications Ak Ronald Ferris, City Manager Page 2 May 25, 2001 services utilizing the City's public roads and rights -of -way would be required to comply with all the provisions set forth therein. Should have any questions relative to the foregoing, please do not hesitate to contact me. P:1CP Wi n\H I STORY1010515A \443.343(319.058) • CITY OF PALM BEACH GARDENS ORDINANCE NO. 17, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY; AMENDING CHAPTER 62 OF THE CITY CODE OF ORDINANCES TO CREATE A NEW ARTICLE VII ENTITLED "PLACEMENT OF COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS - OF- WAY;" PROVIDING FOR DEFINITIONS; PROVIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR NOTICE OF TRANSFER, SALE OR ASSIGNMENT OF ASSETS IN PUBLIC RIGHTS- OF-WAY; PROVIDING FOR PLACEMENT OR MAINTENANCE OF A COMMUNICATIONS FACILITY IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING FOR APPEALS; PROVIDING FOR INVOLUNTARY TERMINATION OF REGISTRATION; PROVIDING FOR EXISTING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY; PROVIDING FOR INSURANCE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR . CONSTRUCTION BOND; PROVIDING FOR SECURITY FUND; PROVIDING FOR ENFORCEMENT REMEDIES; PROVIDING FOR ABANDONMENT OF A COMMUNICATIONS FACILITY; PROVIDING FOR FORCE MAJEURE; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, effective January 1, 2001, Section 337.401, Florida Statutes (2000), was amended to require that municipalities treat telecommunications companies in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of telecommunications facilities in the public roads or rights -of -way; and WHEREAS, the rules imposed by a municipality relating to telecommunications companies placing or maintaining telecommunications facilities in its roads or rights -of -way must be generally applicable to all telecommunications companies and may not require a telecommunications company to apply for or enter into an individual license, franchise, or other agreement with the municipality as a condition of placing or maintaining telecommunications facilities in its roads or rights -of -way; and WHEREAS, effective October 1, 2001, Section 337.401, Florida Statutes (2000), was amended to include all communications providers; consequently, as of that date, the rules or regulations imposed by a municipality relating to providers of communications services placing or maintaining communications facilities in its roads or rights -of -way must be generally applicable to all providers of communications services and may not require a provider of communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining communications facilities in its roads or rights -of -way; and WHEREAS, it is the intent- of the City to exercise the City's authority over communications services providers' placement and maintenance of facilities in the public rights -of -way; and WHEREAS, it is the City's intent to treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising such authority; and WHEREAS, the public rights -of -way subject to the jurisdiction and control of the City: (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' placement and maintenance in the public rights -of -way; and (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, it is the intent of the City to exercise its authority to adopt reasonable rules and regulations to the fullest extent allowed by Federal and State law; and WHEREAS, it is the intent of the City that this Ordinance shall not apply to cable service providers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2: Chapter 62 of the City Code of Ordinances is hereby amended to add a new Article VII, "Placement of Communications Facilities in Public Rights -of -Way," to read as follows: ARTICLE VII. PLACEMENT OF COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY Sec. 62 -276. Title. This Article shall be known and may be cited as the City of Palm Beach Gardens Communications Rights -of -Way Ordinance. 0 -2- Sec. 62 -277. Intent and purpose. It is the intent of the City to promote the public health, safety and generat welfare by: providing for the placement or maintenance of Communications Facilities in the Public Rights -of -Way within the City; adopting and administering reasonable rules and regulations not inconsistent with State and Federal law, including- Section 337.401, Florida Statutes (2000), as it may be amended, the City's home -rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of Communications Facilities in the Public Rights -of -Way by all Communications Services Providers; and minimizing disruption to the Public Rights -of -Way. In regulating its Public Rights -of -Way, the City shall be governed by and shall comply with all applicable Federal and State laws. Sec. 62 -278. Definitions. For purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given. Words not ,otherwise defined shall be construed to mean the common and ordinary meaning. Abandonment means the permanent cessation of all uses of a Communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in Public Rights -of -Way. City means the City of Palm Beach Gardens, Florida. Communications Services means the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this Ordinance "cable service ", as defined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the definition of "Communications Services," and cable service providers may be subject to other ordinances of the City. Communications Services Provider means any Person including a municipality or county providing Communications Services through the placement or maintenance of a Communications Facility in Public Rights -of- -3- Way. This definition shall also include any Person including a municipality or county that places or maintains a Communications Facility in Public Riqhts -of -Way but does not provide Communications Services. Communications Facility or Facility or System means any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights -of -Way of the City and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services. FCC means the Federal Communications Commission. In Public Rights -of -Way or in the Public Rights -of -Way means in, on, over, under or across the Public Rights -of -Way. Person shall include any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the City to the extent the City acts as a Communications Services Provider. Place or maintain or placement or maintenance or placing or maintaining means to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Rights -of -Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. A Person providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the Communications Facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the Public Rights - of -Way does not constitute "placing or.maintaining" Facilities in the Public Rights -of- -Way. Public Rights -of -Way means a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the City is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights -of -Way" shall not include private property. "Public Rights -of -Way" shall not include any real or personal City property except as described above and shall not include City -4- buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights - of -Way. Registrant means a Communications Services Provider that has Registered with the City in accordance with the provisions of this Article. Reqistration or Register means the process described in this Article whereby a Communications Services Provider provides certain information to the City. Sec. 62 -279. Registration for placing or maintaining communications facilities in public rights -of -way. (a) A Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the City shall first Register with the City's Building Department in accordance with this Ordinance. Subject to the terms and conditions prescribed in this Ordinance, a Registrant may place or maintain a Communications Facility. in Public Rights -of -Way. (b) A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights -of -Way. Registration under this Ordinance governs only the placement or maintenance of Communications Facilities in Public Rights -of -Way. Other ordinances, codes or regulations may apply to the placement or maintenance in the Public Rights -of -Way of facilities that are not Communications Facilities. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locatinq its Facilities on the City's or another Person's facilities. Registration does not excuse a Communications Services Provider from complying with all applicable City ordinances, codes or regulations, including this Ordinance. (c) Each Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the City shall file a single Registration with the City which shall include the following information: W Name of the applicant; (2) Name, address and telephone number of the applicant's primary contact person in connection with the Registration, and the person to contact in case of an emergency; (3) For Registrations submitted prior to October 1, 2001, the applicant shall state whether it provides local service or toll service or both; (4) Evidence of the insurance coverage required under this Ordinance and acknowledgment that Registrant has received and reviewed a copyof this Ordinance, which acknowledgment shall not be deemed an agreement; (5) The number of the applicant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications Commission, or other Federal or State authority, if any; and (6) For an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, such as the number of the certificate from or filing with the Florida Department of State. (d) The City shall review the information submitted by the applicant. Such review shall be by the Building Official, the City Engineer and the Public Works Director, ortheir designees. If the applicant submits information in accordance with subsection (c) above, the Registration shall be effective and the City shall notify the applicant of the effectiveness of Registration in writing. If the City determines that the information has not been submitted in accordance with ,subsection (c) above, the City shall notify the applicant of the, non - effectiveness of Registration, and reasons for the non - effectiveness, in writing. The City shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Non - effectiveness of Registration shall not preclude an applicant from filing subsequent applications for Registration underthe provisions of this Section. An-applicant has thirty (30) days after receipt of a notice of non - effectiveness of Registration to appeal the decision as provided in Section 62 -283. (e) A Reqistrant may cancel a Registration upon written notice to the City stating that it will no longer place or maintain any Communications Facilities in Public Rights -of -Way within the City and will no longer need to obtain permits to perform work in Public Rights -of -Way. A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in Public Rights -of -Way. (f) Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights -of -Way within the City but shall establish for the 0 -6 -. Registrant a right to apply for a permit. Registrations are expressly subject to any future amendment to or replacement of this Ordinance and further subject to any additional City ordinances, as well as any State or Federal laws that may be enacted. (g) A Registrant shall renew its Registration with the City's Building Department by April 1 of even numbered years in accordance with the Registration requirements in this Ordinance, except that a Registrant that initially registers during the even numbered yearwhen renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection (c), except, as of October 1, 2001, subsection (c)(3), a Registrant shall provide updated information to the City. If no information in the then - existing Registration has changed, the renewal may state that no information has changed. Failure to renew a Registration may result in the City restricting the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of this Ordinance. (h) An effective Registration shall be a condition of obtaining a permit. Notwithstandinq an effective Registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met. Sec. 62 -280. Notice of transfer, sale or assignment of assets in public rights -of -way. If a Registrant transfers, sells or assigns its assets located in Public Rights -of -Way incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this Ordinance. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the City's Building Department within twenty (20) days after the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re- Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Registeras provided in Section 62 -279 within sixty (60) days of the transfer, sale or assignment. If permit applications are pending in the Registrant's name, the transferee, buyer or assignee shall notify the Building Official that the transferee, buyer or assignee is the new applicant after the requirements of this section are satisfied. 0 -7- Sec. 62 -281. Placement or maintenance of a communications facility in public rights -of -way. (a) A Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and City ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights -of -Way. (b) A Registrant shall not commence to place or maintain a Communications Facility in Public Riqhts -of -Way until all applicable permits, if any, have been issued by the City or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out -of- service condition of a pre- existing service. Registrant shall provide prompt notice to the City of the placement or maintenance of a Communications Facility in Public Rights -of -Way in the event of an emergency and shall be required to obtain an after - the -fact permit if a permit would have originally been required to perform the work undertaken in Public Rights -of -Way in connection with the emergency. Registrant acknowledges that as a condition of granting such permits, the City may impose reasonable rules or regulations governing the placement, relocation or maintenance of a Communications Facility in Public Rights -of -Way. Permits shall apply only to the areas of Public Rights -of -Way specifically identified in the permit. The City may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits. (c) As part of any permit application to place a new or replace an existing Communications Facility in Public Rights -of -Way, the Registrant shall provide the following: (1) The location of the proposed Facilities, including a description of the Facilities to be installed, where the Facilities are to be located, and the approximate size of Facilities that will be located in Public Rights -of -Way; (2) A description of the manner in which the Facility will be installed (i.e. anticipated construction methods or techniques); (3) A maintenance of traffic plan for any disruption of the Public Rights -of -Way, in accordance with the standards promulgated by the Florida Department of Transportation; (4) Information on the ability of the Public Rights -of -Way to accommodate the proposed Facility, if available (such -8- information shall be provided without certification as to correctness, to the extent obtained from other Persons); (5) If appropriate given the Facility proposed, a certified estimate of the cost of restoration to the Public Rights -of -Way, subject to approval by the City Engineer; (6) The timetable for construction of the project or each phase thereof, and the areas of the City which will be affected; and (7) Such additional information as the City finds reasonably necessary with respect to the placement or maintenance of the Communications Facility that is the subject of the permit application to review such permit application. (d) To the extent not otherwise prohibited by State or Federal law, the City shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particular area of Public Rights - of Way. (e) All Communications Facilities shall be placed or maintained so as not to unreasonably interfere with the use of the Public Rights -of -Way by the public and with the rights and convenience of property owners who adjoin any of the Public Riqhts -of -Way. The use of trenchless technology (i.e., directional bore method) for the installation of Facilities in the Public Rights - of -Way as well as joint trenching or the co- location of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible. The Building Official, Public Works Director and City Engineer may promulgate reasonable rules and regulations concerning the placement or maintenance of a Communications Facility in Public Rights -of -Way consistent with this Article and other applicable law. (f) All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities. (g) After the completion of any placement or maintenance of a Communications Facility in Public Rights -of -Way or each phase thereof, a Registrant shall, at its own expense, restore the Public Rights -of -Way to its original condition before such work. If the Registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the City may perform restoration and charge the costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. Fortwelve -9- (12) months following the original completion of the work, the Registrant shall guarantee its restoration work and shall correct any restoration work that does not satisfy the requirements of this Article at its own expense. (h) Removal or relocation at the direction of the City of a Registrant's. Communications Facility in Public Rights -of -Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000), as they may be amended. (i) A permit from the City constitutes authorization to undertake only certain activities in Public Rights -of -Way in accordance with this Article, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the Public Rights -of -Way. 0) A Registrant shall maintain its Communications Facility in Public Rights -of -Way in a manner consistent with accepted industry practice and applicable law. (k) In connection with excavation in the Public Rights -of -Way, a Registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended. (1) Registrant shall use and exercise due caution, care and skill in performing work in the Public Rights -of -Way and shall take all reasonable steps to safeguard work site areas. (m) Upon request of the City, and as notified by the City of the other work, construction, installation or repairs referenced below, a Registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occurwithin a reasonable time frame in the subject Public Rights -of -Way, and Registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the Public Rights -of -Way. (n) A Registrant shall not place or maintain its Communications Facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the City or any other Person's facilities lawfully occupying the Public Rights -of -Way of the City. (o) The City makes no warranties or representations regarding the fitness, suitability, or availability of the City's Public Rights -of -Way for the Registrant's Communications Facilities and any performance of work, costs -10- incurred or services provided by Registrant shall be at Registrant's sole risk. Nothing in this Article shall affect the City's authority to add, vacate or abandon Public Riqhts -of -Way, and the City makes no warranties or representations regarding the availability of any added, vacated or abandoned Public Rights -of -Way for Communications Facilities. (p) The City shall have the right to make such inspections of Communications Facilities placed or maintained in Public Rights -of -Way as it finds necessary to ensure compliance with this Article. (a) A permit application to place a new or replace an existing Communications Facility in Public Riqhts -of -Way shall include plans showing the location of the proposed installation of Facilities in the Public Rights -of- Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans. The plans shall be in a hard copy format or an electronic format specified by the City, provided such electronic format is maintained by the Registrant. Such plans in a format maintained by the Registrant shall be provided at no cost to the City. (r) The City reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in Public Rights-of-Way occupied by the Registrant. The City further reserves without limitation the right to alter, change, or cause to be changed, the grading. installation, relocation, or width of the Public Rights -of -Way within the limits of the City and within said limits as same may from time to time be altered. Should the Registrant be required to relocate its Facilities in conjuction with such installation and alteration, Registrant shall be required to pay all costs associated with such relocation. (s) A Registrant shall, on the request of any Person holding a permit issued by the City, temporarily raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of Facilities shall be paid by the Person requesting the same, and the Registrant shall have the authority to require such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. (t) A wireless facility that is a portion of a Communication Facility, such as an antenna ( "Wireless Facility(ies) "), which is attached to a legally maintained vertical structure in the Public Rights -of -Way, such as a light pole or utility pole ( "Vertical Structure(s) "), shall be subject to the following criteria: -11- ` Such Wireless Facilities may not extend more than twenty (20) feet above the highest point of the Vertical Structure; (2) Such Wireless Facilities that are attached to a Vertical Structure located in Public Rights -of -Way that is fifteen (15) feet or less in width and is located adjacent to real property used as a single family residence shall be flush mounted to the Vertical Structure; (3) Such Wireless Facilities shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal, state, or local rule, regulation or law; (4) Such Wireless Facilities shall comply with any applicable Federal Communications Commission Emissions Standards; (5) The design, construction, and installation of such Wireless Facilities shall comply with any applicable local building codes; (6) No commercial advertising shall be allowed on such Wireless Facilities; and (7) Any accessory equipment and related housing in the Public Rights -of -Way that are used in conjunction with such a Wireless Facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment. (u) Vertical structures, such as towers, whose sole purpose is to serve as a mounting device for antennae, are expressly prohibited from being placed in the Public Rights -of -Way. Sec. 62 -282. Suspension of permits. (a) The City may suspend a permit for work in the Public Rights -of- Way for one or more of the following reasons, subject to section 62 -283 of this Article: W Violation of permit conditions, including conditions set forth in the permit, this Ordinance or other applicable City ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights -of -Way; (2) Misrepresentation or fraud by Registrant in a Registration or permit application to the City; -12- (3) Failure to properly renew or ineffectiveness of Registration; or (4) Failure to relocate or remove Facilities as may be lawfully required by the City. (b)The Building Official shall provide notice and an opportunityto cure any violation of (1) through (4) above, each of which shall be reasonable under the circumstances. Sec. 62 -283. Appeals. Final, written decisions of the Building Official or his or her designee suspending or denying a permit, denying an application for a Registration or denying an application for renewal of a Registration are subject to appeal. An appeal must be filed with the Building Official within thirty (30) days of the date of the final, written decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The Board of Zoning Appeals shall hear the appeal as set forth in Article 11, section 13 of the City's Land Development Requlations. The hearing shall occur within forty -five (45) days of the receipt of the appeal, unless waived by the Registrant, and a written decision shall be rendered within twenty (20) days of the hearing. Upon correction of the grounds that gave rise to a suspension or denial, the suspension or denial 40 shall be lifted. Sec. 62 -284. Involuntary termination of registration. (a) The City may terminate a Registration if: (1) A Federal or State authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services; (2) The Registrant's placement or maintenance of a Communications Facility in the Public Rights -of -Way presents an extraordinary danger to the general public or other users of the Public Riqhts -of -Way and the Registrant fails to remedythe danger promptly after receipt of written notice; or (3) The Registrant ceases to use all of its Communications Facilities in Public Rights -of -Way and has not complied with Section 62 -291 of this Article. (b) Priorto termination, the Registrant shall be notified bythe Building Official with a written notice setting forth all matters pertinent to the proposed termination action, includinq_ which of (1) through (3) above is applicable as 0 -13- the reason therefor, and describing the proposed action of the City with respect thereto. The Registrant shall have sixty (60) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactoryto the Building Official to accomplish the same. If the plan is rejected, the Building Official shall provide written notice of such rejection to the Reqistrant and shall make a recommendation to the City Council regarding a decision as to termination of Registration. A decision by a City to terminate a Registration may only be accomplished by an action of the City Council. A Registrant shall be notified by written notice of any decision by the City Council to terminate its Registration. Such written notice shall be sent within seven (7) days after the decision. (c) In the event of termination, the former Registrant shall: (a) notify the City of the assumption or anticipated assumption by another Registrant of ownership of the Registrant's Communications Facilities in Public Rights - of -Way; or (b) provide the City with an acceptable plan for disposition of its Communications Facilities in Public Rights -of -Way. If a Registrant fails to comply with this subsection (c)., which determination of non- compliance is subject to appeal as provided in section, the City may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the Facilities where another Person has not assumed the ownership or physical control of the Facilities or requiring the Registrant within 90 days of the termination, or such longer period as may be agreed to by the Registrant, to remove some or all of the Facilities from the Public Rights -of -Way and restore the Public Rights -of -Way to its original condition before the removal. (c) In any event, a terminated Registrant shall take such steps as are necessary to render safe every portion of the Communications Facilities remaining in the Public Rights -of -Way of the City. (d) In the event of termination of a Registration, this Section does not authorize the City to cause the removal of Communications Facilities used to provide another service for which the Registrant or another Person who owns or exercises physical control over the Facilities holds a valid certification or license with the governing Federal or State agency, if required for provision of such service, and is Registered with the City, if required Sec. 62 -285. Existing communications facilities in public rights -of -way. A Communications Services Provider with an existing Communications Facility in the Public Rights -of -Way of the City has sixty (60) days from the Effective Date of this Ordinance to comply with the terms of this Article, including, but not limited to, Registration, or be in violation thereof. -14- Sec. 62 -286. Insurance. (a) A Registrant shall provide, pay for and maintain satisfactory to the City the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and having a rating reasonably acceptable to the City. All liability policies shall provide that the City is an additional insured as to the activities under this Article. The required coverages must be evidenced by properly executed Certificates of Insurance forms. The Certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the City annually. Thirty (30) days advance written notice by registered, certified mail or facsimile must be given to the City of any cancellation, intent not to renew or reduction in the policy coverages. The insurance requirements may be satisfied by evidence of self - insurance or other types of insurance acceptable to the City. (b) The limits of coverage of insurance required shall be not less than the following: Worker's Compensation and Employer's Liability Insurance Worker's Compensation - Florida Statutory Requirements Employer's Liability - $100,000 limit each accident Comprehensive General Liability Bodily injury and property damage - $1,000,000 combined single limit each occurrence Automobile Liability Bodily injury and property damage - $1,000,000 combined single limit each accident Sec. 62 -287. Indemnification. (a) A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred„ by the City arising out of the placement or maintenance of its Communications System or Facilities in Public Rights -of -Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Ordinance, provided, however, that a Registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the City. This provision ' inc ' ludes, but is not limited to, the City's reasonable attorneys' fees incurred in dfending against any such claim, suit or proceedings. The City -15- agrees to notify the Registrant, in writing, within a reasonable time of City receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the City from participating in the defense of any litigation by its own counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted: (a) as denying to either party any remedy or defense available to such party under the laws of the State of Florida; or (b) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes (2000), as it may be amended. (b) The indemnification requirements shall survive and be in effect after the termination or cancellation of a Registration. Sec. 62 -288. Construction bond. (a) Prior to issuing a permit where the work under the permit will require restoration of Public Rights -of -Way, the City may require a construction bond to secure the restoration of the Public Rights -of -Way. Notwithstanding the foregoing, a construction bond hereunder may only be required to the extent that the cost of the restoration exceeds the amount recoverable against the Security Fund as provided in Section 62 -289. S(1) Twelve (12) months after the completion of the restoration in Public Rights -of -Way in accordance with the bond, the Registrant may eliminate the bond. However, the City may subsequently require a new bond for any subsequent work in the Public Rights -of -Way. (2) The construction bond shall be issued by a surety having a rating reasonably acceptable to the City; shall be subject to the approval of the Finance Director and City Attorney; and shall provide that: "For twelve (12) months after issuance of this bond, this bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." (b) The rights reserved by the City with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City may have under this Ordinance, or at law or eauity. (c) The rights reserved to the City under this Section are in addition to all other rights of the City, whether reserved in this Ordinance, or 0 -16- authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the City may have. Sec. 62 -289. Security fund. (a) At or prior to the time a Registrant receives its first permit to place or maintain a Communications Facility in Public Rights -of -Way after the effective date of this Ordinance, the Registrant may be required to file with the City, for City approval, an annual bond, cash deposit or irrevocable letter of credit in the sum of equal to $50,000, having as a surety a company qualified to do business in the State of Florida, and acceptable to the Finance Director and City Attorney, which shall be referred to as the "Security Fund." (b) The Security Fund shall be maintained from such time through the earlier of: (1) the transfer, sale, assignment or removal of . all Communications Facilities in Public Rights -of -Way; or (2) twelve (12) months after the termination or cancellation of any Registration. (c) The Security Fund shall be conditioned on the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the provisions of this Ordinance. The Security, Fund shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance at all times. In the event a Registrant fails to perform its duties and obligations imposed upon the Registrant by the provisions of this Ordinance, subject to Section 62 -290 of this Article, there shall be recoverable, jointly and severally from the principal and surety of the Security Fund, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal, relocation or abandonment of any Facilities of the Registrant in Public Rights -of -Way, plus a reasonable allowance for attorneys' fees, up to the full amount of the Security Fund. Sec. 62 -290. Enforcement remedies. (a) A Registrant's failure to comply with provisions of this Ordinance shall constitute a violation of this Ordinance and shall subject the Registrant to the code enforcement provisions and procedures as provided in chapter 2, article IV of the City Code of Ordinances. In addition, violation of this -17- Ordinance may be punishable as provided in section 162.22, Florida Statutes, as it may be amended. (b) Failure of the City to enforce any requirements of this Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. Sec. 62 -291. Abandonment of a communications facility. (a) Upon Abandonment of a Communications Facility owned by a Registrant in Public Rights -of -Way, the Registrant shall notify the City within ninety (90) days. (b) The City may direct the Registrant by written notice to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the City determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which ,shall include, but shall not be limited to, a determination that such Facility: (a) compromises safety at any time for any Public Rights -of -Way userorduring construction or maintenance in Public Rights -of -Way; (b) prevents another Person from locating facilities in the area of Public Riqhts -of -Way where the Abandoned Facility is located when other alternative locations are not reasonably available; or (c) creates a maintenance condition that is disruptive to the Public Rights -of -Way's use. In the event of (b), the City may require the third Person to coordinate with the Registrant that owns the existing Facility for joint removal and placement, where agreed to by the Registrant. (c) In the event that the City does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the City, shall be deemed to consent to the alteration or removal of all or any portion of the Facility by the City or another Person at such third party's cost. (d) If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the City within a reasonable time period as may be required by the City under the circumstances, the City may perform such removal and charge the cost of the removal against the Registrant. Sec. 62 -292. Force majeure. In the event a Registrant's performance of or compliance with any of the provisions of this Article is prevented by a cause or event not within the Registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such Registrant uses all practicable means to -18- expeditiously cure or correct any such inability to perform or comply. For purposes of this Article, causes or events not within a Registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Registrant's control, and thus not falling within this Section, shall include, without limitation, Registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees, contractors or agents. Sec. 42 -91. Reservation of rights and remedies. (a) The City reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. (b) This Article shall be applicable to all Communications Facilities placed in the Public Rights -of -Way on or after the effective date of this Ordinance and shall apply to all existing Communications Facilities in the Public Rights -of -Way prior to the effective date of this Ordinance, to the full extent permitted by State and Federal law. (c) The adoption of this Ordinance is not intended to affect any rights or defenses of the City or a Communications Service Provider under any existing franchise, license or other agreements with a Communications Services Provider. (d) Nothing in this Ordinance shall affect the remedies the City or the Registrant has available under applicable law. (e) Any Person who uses the Communications Facilities of a Registrant, other than the Registrant that owns the Facilities, shall not be entitled to any rights to place or maintain such Facilities in excess of the rights of the Registrant that places or maintains the Facilities. SECTION 3: The provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Palm Beach Gardens, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or any other appropriate word. SECTION 4: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. 0 -19- U-.� SECTION 5: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS DAY OF , 2001. PLACED ON SECOND READING THIS DAY OF , 2001. PASSED AND ADOPTED THIS DAY OF , 2001. SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN ATTESTED BY: CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT PACPWin \H 1 STORY\ 010515A \43F.95(319.062)Igr- doc149 -20- r INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIs • "Partners for Results Value by Design" 50 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.lbfh.com RECEIVED CITY MANAGER'S.OFFICE MAY 2 9 2001 May 29, 2001 Mr. Ron Ferris City of Palm Beach Gardens 10500 No. Military Trail Palm Beach Gardens, FL 33410 Subject: Inventory and Assessment of all Lakes within the City Dear Mr. Ferris: As requested, we have prepared the following scope and budget for completing an inventory of all the Lakes in the City and preparing an assessment of their condition. The scope and fee are based on the following criteria and assumptions. • In the eady'70's, the South Florida Water Management District implemented a rule requiring developers to limit the stormwater runoff discharged off -site from any site being developed. • To accomplish this, developers constructed storage in the form of lakes. Most lakes constructed are Detenflon ponds, meaning they detain the runoff from the site. They!do this by storing rainfall above a permitted normal lake elevation commonly referred to as the 'control elevation" and then gradually 'bleeding' the stored water back into the receiving system. • Development that occurred before the 70's had no requirements for detention. Therefore, the only lakes constructed were for providing fill materials. Examples of these lakes are the lakes in Parcels 5A and 4.06 and Lake Catherine. These also store water above a specific elevation, but have no adjacent control structure. • Understanding that our system storage is above the normal water elevation, we propose to not spend any time investigating below the waters surface, rather we would focus on the maintenance and operation of the control structure and the maintenance and condition ofthe bank areas where storage is to occur. In particular, we propose the following: Task 9. Locate and Document All Control Structures Using a portable GPS system, locate each lake control structure. Take digital photos and measurements to document the ofifice size, configuration, opening and distance below the adjacent ground. Add all this information to the City's GIS database. We have no good estimate of the number of structures within the City, therefore we propose to do this work on a time and materials basis. We anticipate it taking 1.5 to 2 hours per structure to collect the information. In locations where collecting this information will require us to enter a manhole Mr. Ron Ferris May 29, 2001 Page 2 of 3 or some similar facility where access is governed by °OSHA confined space entry" requirements, we expect the assistance of Public Works. Task 2. Review All Associated SFVYMD Permits SFWMD maintains records of all approved permits for facilities within it's control. We propose to collect the information specific to permits issued within the City to compare against the field data. Un- permitted modifications may have been made to the control structure, and this is a way to document discrepancies. Recommendations will be made in Task 4 for correcting the discrepancies. We will use GIS information previously acquired from SFWMD on surface water management permit numbers issued within the City limits. This permit information will need to be updated to be made current. Then the permit information will be collected from SFWMD. We propose to do this work on a time and materials basis. We anticipate it to take 1 hour per permit to collect and compile the information. Task 3. Visually Inspect flake Banks and Lake Maintenance Areas A visual inspection of all lake banks and lake storage areas will be made. Approximately 10 minutes of videotape will be collected for each lake. Recognize that many lakes do not have their own control structure, so several lakes may need to be documented for an individual control structure. We have no good estimate of the number of lakes within the City, therefore we propose to do this work on a time and materials basis. We anticipate it taking 45 minutes per lake to collect the information. Task 4. Recommend Corrective Actions All records, photos, and videotape will be provided to the City Public Works and GIS departments. A letter memorandum recommending corrective actions for the facilities found to be inconsistent-with the SFWMD permits will be prepared and presented to the City. Further, LBFH will provide a recommendation for locations and frequency of additional inspections. LBFH, Inc. has not included any hydraulic modeling, surveying, or pipe inspection services in this scope of work. Should fieldwork identify issues requiring further study, those will be discussed as extra work with the City Manager and you will provide us direction. We have not allowed for investigation of take shapes or boundaries that are inconsistent with permitted conditions or for investigations of finish floor slab elevations to evaluate inconsistencies with permitted conditions. It is our understanding that these conditions are checked at the time of construction by the building departrnent and are not likely to change. 0 Mr. Ron Ferris May 29, 2001 Page 3 of 3 There are a lot of unknowns concerning the numbers of lakes and control structures. If we assume 100 control structures and 200 lakes; and we assume the data gathering can be done by less - experienced engineering staff and the comparison and recommendations written by experienced staff; costs for this work will be approximately $47,200. Thank you for the opportunity to provide this scope of work and budget estimate. We await your direction. Very truly yours, tBFH, Inc. P3-� c."—c_' Daniel P. Clark, P.E. City Engineer, City of Palm Beach Gardens 0 cc. Mr. Hoyt Owens, Public Works • XII. ITEMS FOR COUNCIL ACTION; b. Request from Council Member Furtado for Herb Zebruth to address City Council regarding Retention and Detention Ponds. • • 40 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 SUBJECT /AGENDA ITEM: ITEM OF DISCUSSION — REVIEW OF IMPACTS OF OUTDOOR SEATING AT FATHOM'S RESTAURANT (F/K/A HIBISCUS RESTAURANT) RECOMMENDATION: Staff recommends that the outdoor seating as approved by Ordinance 21, 2000, on October 5, 2000, be allowed to continue. Reviewed by: Originating Dept.: Costs: S Council Action: Total City Attorney Growth Manage t [ ] Approved Finance NA Approved W /codki.. ACM NA 1' f / Current FY I V [ ]Denied Human Res. NA Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: ( ] Operating Ordinance 21, 2000 Paper: [ ] Other Approved Site Plan Aerial Map Submitted by: [ X ] Not Required Commissioner Marcus Letter 2/11/0 1; Richard Arnold Letter ^-n, ,,/ W , 12/20/00 Growth Management Director Affected parties [ x ] Notified Budget Acct. #:: ( ] None Approved by City Manager [ ] Not required HISTORY On October 5, 2000, City Council approved Ordinance 21, 2000, that amended the existing Planned Unit Development known as "Hibiscus Restaurant" to allow outdoor seating and service for 13 tables seating 52 patrons on the patio adjacent to the waterway. The restaurant, now named Fathom's, is located at the northwest corner of PGA Boulevard and Ellison Wilson Road. Ordinance 21, 2000, copy attached, contained six conditions of approval. Condition -No. 1 required, in part, that "a review of the impacts of the outdoor seating and/or service operations be made by the City in May of 2001." STAFF COMMENTS Code Enforcement Division records show that after receiving a letter of complaint dated December 20, 2000, from Mr. Richard Arnold, 2080 South Waterway, they met with him to discuss his concerns. His complaint pertained to the lack of screening between the outdoor seating area and als� City Council Meeting Date: June 7, 2001 Date Prepared: May 22, 2001 Page 2 the noise associated with the outdoor dining. Staff verified that the required ficus trees, which were to serve as a screen between the outdoor dining area and Mr. Arnold's neighboring dock, were not of the proper height, plus a number of trees in the parking lot had been "hatracked." Action was taken to have those violations corrected, and the restaurant owner complied. Code Enforcement staff was unable to substantiate the level of noise generated by the outdoor dining. To the best of our knowledge, at this time, the restaurant meets all conditions of approval as required by Ordinance 21, 2000. As directed by the City Attorney, those neighbors living on South Waterway Drive have been notified by mail of this meeting. OTHER COMMENTS • A letter from County Commissioner Karen T. Marcus dated January 22, 2001, was sent to Mayor Russo in which Commissioner Marcus stated, "...outdoor seating becomes a code enforcement problem when they are directly adjacent to residential uses for both the city and the county. I hope the City will do everything within your power to be sure the property owner adheres to the conditions of approval the city imposed upon them." Recently staff has received additional comments from Mr. Richard Arnold. He stated he enjoys patronizing the restaurant; however, when he is sitting on his dock, he is frequently disturbed by the noise from the restaurant's outdoor dining area. He would prefer that there be no outside dining at all, but he also believes if no more than four people were allowed to sit at one table, the noise would be reduced greatly. STAFF RECOMMENDATION Staff recommends that the outdoor seating as approved by Ordinance 21, 2000, on October 5, 2000, be allowed to continue. If complaints are received in the future, the activity shall be subject to Code Enforcement review. Jholloman/CshordMISC0002 cc discussion 060701 • PUBLIC HEARINGS: Ordinance 21, 2000 - Hibiscus Restaurant Outdoor Seating. Mayor Russo declared the public hearing open, held on the intent of Ordinance 21, 2000 - an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing. for an Amendment to the Existing Planned Unit Development known as "Hibiscus Restaurant" (Formerly Bridge Center PUD) Located at the Northwest corner of PGA Boulevard and Ellison Wilson Road, as originally approved by Ordinance 11, 1995, to allow outdoor seating and service adjacent to the Waterway; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Petitioner's representative Attorney Lawrence Smith requested approval conditioned upon granting the City Council total discretion to revoke the approval if there were complaints from neighbors, if they deemed it appropriate after hearing the restaurant owner's case. Petitioner proposed a public meeting to review the situation in any case in May 2001. Petitioner described proposed screening of adjacent property. Jim Brindell spoke on behalf of the owner. Richard Arnold, neighbor adjacent to the property, expressed opposition and expressed concerns regarding noise, lack of privacy, and decreased real estate values. Neighbors Thomas Fink, Norman Chabre, and Don Colvin, also spoke in opposition. Hearing-no further comments from the public, Mayor Russo declared the Public Hearing closed. Following discussion, the following amendment was read into the record by the Acting Interim City Manager Len Rubin: The grant of outdoor seating shall be automatically revoked should the Lessee /Operator at time of approval, which is The Breakers, cease to operate a restaurant on this site. Councilman Clark made a motion to approve the amendment to Ordinance 21, 2000 as read into the record by the Acting Interim City Manager.Rubin. Vice Mayor Jablin seconded the motion, which carried by 4 -1 vote, with Mayor Russo opposing the motion. Councilmember Clark moved that Ordinance 21, 2000 be placed on second reading and approved as amended. Vice Mayor Jablin seconded the motion. Motion carved by 4 -1 vote, with Mayor Russo opposing the motion. The City Clerk read Ordinance 21, 2000 on Second Reading by title only. • September 25, 2000 City Attorney's Language ORDINANCE 21, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE EXISTING PLANNED UNIT DEVELOPMENT KNOWN AS "HIBISCUS RESTAURANT" (FORMERLY BRIDGE CENTER PUD) LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, AS ORIGINALLY APPROVED BY ORDINANCE 11, 1995, TO ALLOW OUTDOOR SEATING AND SERVICE ADJACENT TO' THE WATERWAY; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILTTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens originally approved "The Bridge Center" Planned Unit Development by Ordinance 12, 1986, which approval was subsequently amended by Ordinance 27, 1991; WHEREAS, the City Council approved the construction of a 395 -seat restaurant located at the northwest comer of PGA Boulevard and Ellison Wilson Road by adoption of Ordinance 11, 1995; and WHEREAS, the City has received a petition from PGA - Summers Associates to amend Ordinance 11, 1995, as amended by Ordinance 37, 1997, and Ordinance 19, 1998, by repealing and replacing Condition No. 1 in Section 3 of Ordinance 11, 1995 to allow outdoor seating and service, and WHEREAS, the petition is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Ordinance 11, 1995, as amended by Ordinance 37, 1997, and Ordinance 19,1998, to allow outdoor seating and service at the Hibiscus Restaurant. SECTION 2. Said amendment to the Planned Unit Development is hereby approved subject to the following conditions that shall be the responsibility of the applicant, its successors and/or assigns: 274 Ordinance 21, 2000 September 25, 2000 Page 2 of 4 1. Condition No. t of Ordinance 11, 1995, shall be repealed in its entirety and replaced with the following condition: Outdoor seating and /or service with 52 seats at 13 tables shall be allowed only an the westernmost patio adjacent to the waterway, but shall not be allowed for any vessel docked on the intracoasial waterway. This provision shall not preclude service on the patio or in the restaurant to patrons arriving by boat. This approval may be revoked by the City Council in its absolute discretion and without recourse by the petitioner, its applicants, successors, or assigns based on complaints from adjacent property owners that the noise from the outdoor seating andlor service is interfering with the use and enjoyment of their property(ies). The City Council shall grant the restaurant operator an opportunity to respond to the complaints.prior to revoking such approval. A review of the impacts of the outdoor seating and/or service operations shall be made by. the City in May of 2001. The approval of outdoor seating set forth herein shall be automatically revoked should the lessee at the time of this approval (The Breakers) cease to operate a restaurant at the site. (Code Enforcement, Planning and Zoning) 2. All conditions of Section 104, Outdoor Seating, of the City Code shall be applicable. (Code Enforcement) 3. All existing ordinances and resolutions concerning this project shall remain in full force and effect unless specifically modified herein. (Development Compliance) 4. The outdoor seating areas shall be in compliance with the City's Noise Ordinance regulations. (Code Enforcement) 5. Nine 30" planter pots with eight -foot high ficus trees shall be installed permanently as a screen on deck and walkway according to site plan dated August 16, 2000. (City Forester) ..:, : 6. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. (Code Enforcement) SECTION 3. This outdoor seating amendment shall be in compliance with the following plan on file with the City's Growth Management Department. This plan shall supersede the plan with the same title approved by Ordinance 11, 1995 (all other plans remain unchanged): 1. August 16, 2000, Site Plan for The Hibiscus Restaurant, by Michael Redd & Associates, P.A., I sheet. SECTION 4. This approval expressly incorporates and is contingent upon representations made by the applicant or applicant's agents at all workshops or public hearings pertaining to this pm1ecL Ordinance 21, 2000 September 25, 2000 Page 3 of 4 SECTION S. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. SECTION 6. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 7. This Ordinance shall be effective upon date of adoption. PLACED ON FIRST READING THIS 29h DAY OF JUNE, 2000. PLACED ON SECOND READING THIS 5h DAY OF October, 2000. ATTEST: CAROL GOLD • 5th DAY OF October, 2000. l ' COUNCILMAN CARL SABATELLO 4 C UNCILWOMAN LAU] EN FURTAD0 1 F'A r /0 0 000P TA I. APPROVED AS TO LEGAL FORM AND SUFFICIENCY: B CITY ATTORNEY • MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK g:short range: M[SC0002.ord 2"d rdng O clean jh • AYE NAY ABSENT l Ordinance 21, 2000 September 25, 200o Page 4 of 4 . INTRACOASTAL WATERWAY 3 • NOATH A O Z O L3 i .o at 4 mZ R g p �y� N 0m �nm 0 197.81 N 2disr W NO F� H DOS I. SEA WAI L � c !q-am _ - 7 MIN 7VIr,, M A A A 6RIpc PATIO - 1-ay • p y-r AO o Z4 3� aZ CZ N CM N ZZN N y ° y D \ Im1 \ ,�R CONFPAVERS I J aus '1 0 9 0 L i 0c 2- 7 PT U_ C rT 2 ti rim "QA vi m3 .ni "tr Oo MV-1 LIZ 'Sr% 54 ko . F t 77 A-1 4 4 -Xi 4f Wr . . ....... . -Fir41 77:7. P is 4 • fl, 0- 279'.., VY/ LIII a.c/c/l li• Jy JVa VYV VayV December 20, 2000 CITY Of. PALM BEACH GARDENS .10500 N. MMITARY TRAIL PALM-BEA.CH- GARDENS, FL. 33410 ATTENTION MAYOR RUSSO: DEAR MAYOR RUSSO, � P•.V� V 1 IN SEPTEMBER OF THIS YEAR., YOUR CITY COMMISSIONERS COND111ONALLY . APPROVED 13 TABLES FOR OUTDOOR DEG FOR THE BREAKERS,,.- RESTAURANT,'M SURE YOU REMEMBER THE' ISSUE. I HOPE YOU REMEMBER AS-PART OF THE CONDITIONAL. APPROVAL. TIDE RESTAURANT WAS SUPPOSED TO.PI/ACE 9 FICUS -TREES IN 30INC-H POTS ALONG THE SEAWALL TO.GIVE THE NEI�ORS THEIR PRIVACY. THE RESTAURANT OPENED ON DEC.1"D AND THE FICUS .TRI: ES ARE NOT THERE. I CALLED CODE ENFORCEMENT ON DEC.3 R' AND• A NICE LADY TOLD ME SHE WOULD INVESTIGATE AND GET BACK TO ML: AS OF-TODAYS DATE I'VE NOT HEARD FROM ANYONE! WILL YOU. PLEASE KELP ME. I -W-U ; ALSO ADD THAT THE RESTAURANT IS ADISTRACTION TO TIM - ENJO.YMEN'T OF MY ROME. THE NOISE LEVEL IS ANNOYING ESPECIALLY ON ' TIM-WEEKENDS. WHEN THEY HAVE SPECIAL. EVENTS UPSTAIRS WITH 100 -300 PEOPLE IT GETS MUCH WORSE. ON SEVERAL OCCASIONS T'VE HAD TO -LEAVE MY OUTDOOR ENTERTARSUN NT AREA AND STAY INDOORS. IF YOU'VE NOT HAD THE PLEASURE OF DRONING THERE, YOU OWE IT TO YOMSFLF. THE FOOD IS TERRIFIC, THE SERVICE AND MANAGEMENT IS VERY PROFESSIONAL AND THE DECOR IS MUCH ZVROVED. ON THE OTHER HAND, PLEASE CONSIDER THIS MY FIRST OFFICIAL - COMPLA 4T.. I EAGERLY AWAIT YOUR REPLY. Y0.6"..-mbLY, -i 'RICHARD ARNOLD 2080-SOUTH WATERWAY NdiiH•PAL -M BEACK FL 33408 CC: CODE ENFORCEMENT CC. KAREN T. MARCUS- COUNTY CODA v MSIONM- DISTFCT I 0442b/21 ul 1Y: 31 Db1OUbt511tS a�ra�c rfw•� iw�x�w��+c t nty GOwitiddiiattecV. . c Chair ewell• Vice Chainean K:• ,y At0EiI��` January 22, 2001 • The Honorable Joe Russo, Mayor City of;1301_M�9ea[ch 'Gardens 10500 N- MQ**V. -TraII Palm Beach . ar. ens, FL 33410.4698 :Dear •. Yo 1 I V.c Cuknty Adtttlttgtil Hobert %tism, an. ..in :: " * Mm er, I was copied on a letter addressed to you from Richard Arnold - �-regarding•the Breakers Restaurant, (copyattached )-. My office has been inicontactwith ;Mark Hetltiric[rson regarding..the complaint. I understand from ma.r -that he -has forwarded hisrecon�mendations to the City's Code Enforcement Dlvislon. However; as of .iaftiWrY'19 no- notice of violation was issued to the property owner. Yod. may.- recall the residents acjacent to, the restaurant were opposed tb..thO outdoor- seating because of the noise. As I had stated in a previous -letter,- outdoor ;seating :bi climes a code enforcement problem• when they, are directly adjacent to :.residentaafuses for both the city and the county: I hops the City will do- everything. `. within • your power to be sure the property owner adheres to the coridtttons of i• approval thQ•r,lty imposed upon them. Mbpe:that You will give my concerns your ser)ious•consideration. • simerdv. :. Karen .'Marcus Cpun commissioner j iCTWPW t:. Richard Arnold "An Equal Opportunity ABirrttative Action Employer' ho. Box 1989 West Palm Beach. Fiorida3Uoz_j9t19 (561T3S5 -20in Fax: (561) 355$990 rycrdedpepar . wwwco.palm- beach:f[_6s 0 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 7, 2001 Date Prepared: May 25, 2001 Subject/Agenda Item: Planned at -grade railroad crossing at Kyoto Gardens Drive and Alternate Al A. Recommendation /Motion: For discussion purposes only; a motiontis not required. Reviewed by: City Attorney Originating Dept.: Planning Division Costs: $ N/A Total Council Action: . ( ] Approved_ Finance �i $ N/A [ ] Approved wicondwons Other , v Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: 1. Map Paper: [ ] Other 2. Res. 147, 1999 3. Railroad grade crossing [ ] Not Required application Submitted by: 064, !�- / / Growth Mgt. Director Affected parties Notified Budget Acct. #: ( ] None Appro by Ci na [ ]Not required BACKGROUND: As the City Council is aware, the City's City Center Linkage Plan and the City's Comprehensive Plan both include an at -grade railroad crossing at the Florida East Coast railroad tracks that abut the west side of the intersection of Kyoto Gardens Drive and Alternate AIA. This crossing is proposed in order to extend Kyoto Gardens Drive from Alternate Al across Parcel 5A to Military Trail, just north of Interstate 95. This extension of Kyoto Gardens Drive is a crucial element of the City's recent request to Palm Beach County for an amended CRALLS designation for PGA Boulevard, from the Florida Turnpike to Prosperity Farms Road. The extension of Kyoto Gardens Drive is important as 1 a reliever road for the segment of PGA Boulevard from I -95 to the Regional Center (Gardens Mall) because that segment is projected to have the highest traffic volumes of any segment on PGA Boulevard. The new railroad crossing is to replace the existing crossing at PGA Boulevard, which will no longer be needed when the PGA Boulevard flyover is constructed from I -95 to just east of Alternate AIA. The flyover construction is to start this summer, and should take approximately two years to complete. It is the City's position that the new railroad crossing is simply a relocation of the existing crossing approximately 1,200 feet or approximately 115 of a mile to the north. The Florida Department of Transportation (FDOT), in conjunction with the Florida East Coast (FEC) Railway Company, is responsible for approving the proposed railroad crossing. The FDOT has included the new railroad crossing in its plans for the PGA Boulevard flyover. However, the FEC Railway Company has recently indicated it may not support the new crossing because of its corporate policy of not supporting any new crossings, and because of a slight curve in the railroad tracks immediately north of the planned location of the new railroad crossing. The State of Florida can be requested to conduct an administrative hearing if the FDOT or the FEC are not supportive of the proposed railroad crossing. The staff is pursuing a final determination from the FEC regarding the City's application for a new railroad crossing. If the FEC does not support the application, staff recommends that an administrative hearing be requested before a hearing officer appointed by the State. The proposed amendment to the CRALLS designation for PGA Boulevard would need to be reevaluated and revised if the proposed railroad crossing at Kyoto Gardens Drive is not approved. The proposed levels of service (i.e., traffic volumes) for PGA Boulevard would most definitely need to be reduced if Kyoto Gardens Drive is not extended to Military Trail. A City task force has also been working to have the State of Florida designate this new crossing as a "Quiet Zone" in order to lessen the potential noise impacts on the adjacent residential areas from train horns. The proposed quiet zone should address many of the concerns of the residential property owners, and make this crossing the quietest in the City. In accordance with the Palm Beach Gardens Comprehensive Plan, the City Center Linkages Plan and the approval of Resolution 147, 1999, which established the official City position to support the Kyoto Gardens Drive railroad crossing, staff urges the City Council to continue this railroad crossing application along with the "Quiet Zone" application. Staff will keep the Mayor and City Council apprised of any further actions regarding this matter. G: \sc \txt\kyotorrcrossing.0501 • 2 �: "' � "• %' I� � ►i °_ 1, !?��7F9i.�s� •�f'!r�v�i1� '. ,E' •.� �t..j ,i�'r rrA:�' :.' r' �`•'=;':=. ?'_'`..°• c�ti+' �1-' 0C"' �'%..' `.°"tT�'n..::fi'rab"- :..�'.+,?. �� ' ":� .*rr•°N � -�'i_' ....�_ +' � _ 'i;. gqf/rt4Fi. asLY:r.= �l±M�fi 1�iq:yi� -::�" ri �...� 4>Sf':+li" �1.'7'i'�Jf'L r'• dal, -a-��a�, l ''f 'FF, ;•.' 3.!4� i!�'. -`fi1 .tit+ j f fS:• !t. 4�� 'tL .it Z; c: ; / it 1 —1 :oa °ir 1^5 r' r'+ �l i l / •i 47" JwQ ��- �; � :' � �� . ��1. �°►ar"tis°.�a•'Y��''�� ►' r t ` E mt ►e rt ►��i n n�:e -�n t � `, ' "`'N?�.1i''a��rr rt ��+�' 4t•e =-�f�y 1� �l' .1 , P Site '. a fS `• 4 r rs' 1 tip, "' .`�'. i♦; ��' .� • ..;tom.- %3 ��.,95 R • •�: � `tee �• � • /y i'� j �� J 284 ■ Hilda Flack It yg i +jt �• 4�a` � •'ilklr:L21;1".Y9<'1'lx rhT.. �� • Y�`h'S��ir, • �'Ot�� i •�. . l ��` � �Ials� [jay;' u: � •c '. ec•s. 284 ■ • • • • • November 8, 1999 RESOLUTION 147,1999 A RESOLUTION OF THE CITY COUNCIL OF THE �. CITY OF PALM BEACH GARDENS, FLORIDA, A. SUPPORTING A RAILROAD CROSSING AT KYOTO =' m 2001 GARDENS DRIVE/ STATE ROAD 811; AND AUTHORIZING TNF, SUBMITTAL OF AN APPLICATION FOR SAID FLORIDA EAST COAST 10W RAILROAD CROSSING; AND PROVIDING AN r. EFFECTIVE DATE. WHEREAS, the PGA Boulevard/Alternate AIA (State Road 811) urban interchange design provides for a re- located railroad crossing at Kyoto Gardens Drive; and WHEREAS, the City desires said railroad crossing to replace the PGA Boulevard at- grade crossing; and WHEREAS, said crossing is necessary to implement the City's `linkages' plan and conceptual thoroughfare plan; and WHEREAS, the current property owner and proposed developer, PGA North, Ltd., has expressed the desire for said crossing and will assist the City in the permitting and construction processes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens supports the railroad crossing at Kyoto Gardens Drive/State Road 811 and authorizes the Interim City Manager to submit an application to the Florida Department of Transportation. Section 2. This Resolution shall be effective upon adoption. .A INTRODUCED, PASSED AND ADOPTED TH ATTEST: LINDA V. KOSIER,-C-�MC, CITY CLERK v / T �za 1999. APPROVED AS TO FORM AND LEGAL SUFFIG.3frNCY CITY ATTORNEY • • VOTE: AYE NAY ABSENT_ COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN _ COUNCILMEMBER CLARK _ COUNCILMEMBER SABATELLO Resolution 147, 1999 Page 2 • • FROM : ROGER BLRNGY • • Joe. Russo Mayor of P21m Beach Gardens 10500 N. Military Trail Palm Beach Gardens F1 33401 FW NO. - Subject: New railroad crossing in Palm Beach Gardens Dear Mayor. May. 13 2001 11:41AM P1 May 14, 2001 CORRECTION According to Resolution 147, 1999, the Interim City Manager was supposed to submit an application to the FOOT for the new railroad crossing. I tried several times to get the copy of that document but have never succeeded. I would appreciate very much if you could provide me with a copy of that document before the next City Council meeting of May 17, 2041. If an application was sent by the City to FEC Railwayj would also like to have the copy. Please have the office of the City Manager to call me and I will pick up the document at City Hall. Very truly, Roger Blangy 11658 Herniock Street Palm Beach Gardens F133410 Tel: 622 -3407 cc: Ron Ferris City Manages FROM : ROGER BLfiNGY ` QQJrr ,d t nN S Thomas F. Barry, Jr., P.E. FDOT Secretary 605 Suwannee Street Tallahassee 1~132399 -0450 • F WS NU. SUBJECT: PGA Boulevard at Alternate Al A Grade Separation Financial Project item No: 229771- 1 -52 -01 State road No: 786 PGA Boulevard Palm Beacb County New Railroad Crossing May 15, 2001 REi:EiVED CITY MANAGER'S OFFICE MAY 15 2001 Dear Secretary: On May 11, 2001 a meeting was head at 3400 Commercial Blvd in Fort Lauderdale with FDOT Gerry O'Reilly, Patrick Glass, Stacy Miller, Nadir Rodriguez, Morteza Ali An FEC Railway Uslie Schonder, Palm Beach Gardens Engineer Dan Clark, myself and Jim St_ Antoine for Garden Woods. The situation is clear. Mr Gerry O'Reilly said that the actual plan for the PGA Flyover SW ramp will go as planned. Mr Schonder said that FEC Railway is against the new railroad crossing in parcel 5A and gave a negative point as far as the safety of that proposed railroad crossing with walls obstructing a good view of the tracks. Since it is the policy of FEC: Railway not to authorize any new railroad crossing, most likely FDOT will not receive the approval for the proposed crossing. As a matter of fact FEC Railway is presently participating in a program to eliminate some of the existing ones, especially as they expect an iipercase in traffic including passengers train- It would not snake any sense to build a PGA Flyover with a SW ramp accommodating a railroad crossing that will not materialize. FDOT Gerry O'Reilly admitted .that it would be a waste of money (about S 500,0000) if FEC Railway does not give their approval for the railroad crossing first is not even safe to motorists because of its walls. As you know rite residents of Garden Woods are against the proposed railroad crossing. There is an alternative to the at -grade railroad crossing at Kyoto Drive/Stee Road 81 J. According to RS&H Engineering fern for FDOT, the advisory speed for the SW ramp will be 30 MPH. Making that advisory speed at 20 MPH most likely will not affect the traffic going up that ramn_ By redesigning the SW ramp for an advisory speed at 20 MPH it would permit to accommodate a 21ane road overpass from pucczd $A to Kyoto Drive at a reasonable cost. FDOT could consider malting a wider ramp at the turn gouty west so that the driver would fell more comfortable. They could also consider putting a camera at the top of the ramp for speed violation_ r IRJI'1 KLUCK M-HINU T r MJ� 11IU. I w y. 1 J cw A cic - CAD r c C7 • If FDOT cannot accommodate a 2 lane road overpass and cannot get the authorization from FEC Railway for an at grade railroad crossing, then FMT should not waste $ 500.000 and they should build a regular SW ramp with no railroad crossing overpass. The City will be is cd to repeal Resolution 147, 1999. It is believed that there is no need for any new railroad crossing. The County Txa is Department did not run a frill model as promised on Nov 13, 2000. RCA Blvd is the principal traffic reliever for the PGA Blvd CRAY JS. The residents of Garden Woods would like to know why there is so little coordination for this project. This is something that will be built for the future of the City of Palm Beach Gardens. Why so lick cooperation with FDOT ?. They decided on the lwatlon on April 15, 1999 before the City asked for it on Nov 11, 1999. FDOT did not try to find a solution to the SW ramp problem FDOT pretended to lesson to the residents ofPalm Beach Gardens but there has been no FDOT workshop at City Hall with simulation pictures of the PGA Flyover including the SW ramp. I thank you for your time. I sincerely hope that all my questions will be answered .It would be appreciated if your office could investigate the situation and consider a change in the PGA Blvd Flyover SW ramp in order to accommodate a 2 lane bridge later on. Sincerely, Roger Rlana WitricipalFRiprcsontative of Garden Woods) 11658 Hemlock Palm Beach Gardens FL 33410 cc: Rick Chesser, FDOT Secretary District 4 John McPherson FEC Railroad President 8t COO Karen Marcus, Palm Beach Gardens Commissioner Dominic Calabro, Director of Florida Tax Watch Joe Russo Palm Beach Gardens Mayor, Council & City Manager George Webb County Engineer Dan Weisberg Asst Director Traffic Division Gary O'Reilly, FDOT District Design Engineer Dan Clark, Palm Beach Gardens City Engineer Leslie Schondec, FEC Railway Nadir Rodrigues FDOT Stacy Miller FDOT Patrick Glass FDOT Morteza Alian FDOT STATE OF FLORIDA DEPARTMENT OF 7RA.%SPORTATWN RAILROAD GRADE CROSSING APPLICATION FORM ?"-0*46 RAIL - 0993 Pale 1 d 2 RAIL JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL do WW NUMBER DOCKET ) Existing ( X ) Proposed A T --C Type Rail Line: ( NUMBER ( X TCvnf -n _!•arr7ene- nT- - ,7.,,. r+...,.`i- 1_(X�ll_1?1 Trains - Pas: . , Fr:GQ.. A. IDENTIFICATION: Submitted By: Agent Title Telephone Address AGENCY NAME: Application For: City Of Palm Beach Garden ( ) Carole W. $Post Interim City Manager 561- 775 -8250 i n5nn m_ M4 1 4 tM—y Tr( X ) Palm Reach aardpns, FL 33410 =4693 B. CROSSING LOCATION: Closing a public at -grade rail /highway crossing by: ( ) roadway removal Opening a public at -grade rail/highway crossing by: ( ) new rail line construction ( X ) new roadway construction Jurisdiction for Street or Roadway by Authority of: (X ) City ( ) County ( ) State Lpcal Popular Name of Street or Roadway: Kyoto Gardens Drive Railroad Company: Florida East Coast Ra�lwav rmmn_ anv Railroad Mile. Post (Distance & Direction):. 289 & 3172 - Nearest Existing Grade Crossings - Each Direction: Direction Distance FDOT /AAR Crossing Number (1) North F � � 1 H�Gl .Road urn 2 o o i o '1'_'j A -. , -i -- a.� ..vv-. w v..JV, G / GJVV —U e closed North 1181 PGA Blvd MP289 & 4353, 272381 -R South 3413 RCA Blvd MP290 & 1305, 272382 -X Map (X ) Attached ( ) Mailed Separate C. CROSSING SURFACE INSTALLATION: Roadway Traffic Volume (ADT): ( ) Existing CX ) Proposed 1 n _ n n n Type Roadway: ( ) Existing ( X ) Proposed A T --C Type Rail Line: ( ) Existing ( X ) Proposed - Number of Trains Per Day - ,Passenger: Freight: ,1_ Speed of Trains - Pas: . , Fr:GQ.. Cost Estimate to Install Crossing: $_ 11 n n n n _ n n — Cost of Installation Charge to: (X )Applicant ( ) Other Cost Esfunate for Annual Maintenance: $_ * - Cost of Annual Maintenance Charge to: ( ) Applicant ( ) Other * Crossing reconstruction every 5 to .7 years (Estimate) 110,000 =$22,000 5 I '7 1 CROSSING SIGNAL INSTALLATION: Type: ( ) Flashing Lights ( x ) Cantilever Installation Performed by: ( ) Applicant Cost Estimate to Install Signals: Cost of Installation Charge to: ( x) Applicant Cost Estimate for Annual Maintenance: $_ _ 2-46A-nn Cost of Annual Maintenance Charge to: ( x) Applicant E. PUBLIC HEARING: • FORM 72549466 RAIL - 09,1I Pie 2 d 2 ( x) Gates (x ) Other P,a , Gate ( ) Railroad ( ) Other ( ) Other ( ) Other Prior to the adoption of any rule or regulation for opening or closing at -grade public railfhighway crossings, if requested a public hearing will be held by a duly authorized hearing officer appointed by the Division of Administrative Hearings as pursuant to the provisions of Chapter 120, Florida Statutes, the Uniform Administrative Procedure Act. Will Applicant be Represented by Counsel at the Public Hearing? ( x ) Yes (Complete Following) - ( ) No Attorney Name Terry watterson Attorney Telephone __ 5 617 6 2 7 - 5 0 0 0 Attorney Address 4100 RCABoulevard Palm _Beach Gardens, FL 3341Q Describe Material to be Placed in Evidence at Public Hearing: (maps, resolutions$ agreements, documents, etc.! Palm Beach Gardens Comprehensive Plan -City Center .Overlay - Linkages Transportation Study - -rVCa 11Y%JVCl -r i1C Resolution 147, 1999 SUBMITTED FOR THE AGENCY BY: �i DATE: Title - APPLICATION APPROVED FOR THE DEPARTMENT. BY: Title - ATTACHMENTS: (List) REFERENCES: 0 Resolution 147, 1999 DATE: (Specific Legal Authority) 334.044 F.S., 120.57 F.S. (Law Implemented) 335.141 F.S. (Administrative Rule) 14-46.003-D.O.T. (Procedure). 745.080-050 291 . e. ry VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO = _ COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO Resolution 147, 1999 Page 2 • I . //il (ilL� �'/ I �S' /E/Lperk of the City of Patin Beach Gardens do heretf certify that tihis Is a true copy as taken from the Official records of the City of Palm Beach Garde �y ClaJr. Deputy Clots 9 �-q P,, E .... _ ccZa�( L �l .s� Al -6t tro i� I_`R SL 101- "I', .. lil '0 . .-0, J f d - { Y 'I M j — - May 29, 2001 ATT: MR. CHARLES WU CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL. 33410 I WON'T BE ABLE TO ATTEND THE PUBLIC MEETING OF JUNE 7TH FOR THE REVIEW OF THE FATHOM'S RESTAURANT OUT DOOR SEATING. IF POSSIBLE WOULD YOU PLEASE MAKE MY CONCERNS KNOWN AT THE MEETING? THEY ARE AS FOLLOWS: THE PRIVACY OF MY HOME IS COMPROMISED BY SHARING IT DAILY EXCEPT MONDAYS WITH 50 -100 CUSTOMERS AT FATHOMS OUTDOOR SEATING. THE NOISE LEVEL IS ANNOYING. YOUR CITY'S CODE ENFORCEMENT HAS NOT RESPONDED TO ANY OF MY PHONE CALLS. I KNOW YOU'RE GOING THROUGH MANY CHANGES AND IMPROVEMENTS BUT I WAS PROMISED BY YOUR CITY COMMISSIONERS THAT I WOULD GET A SWIFT REPLY IF I HAD COMPLAINTS. SO FAR ALL I'VE GOTTEN IS DISAPPOINTMENTS. I TRIED TO CONTACT YOUR CITY MANAGER BY PHONE AT LEAST 3 TIMES AND ONCE IN PERSON. -HE'S ALWAYS "IN A MEETING ". YOUR MAYOR HAS STILL NOT ANSWERED MY LETTER OF DECEMBER 20",2000 NOR THE LETTER WRITTEN ON MY BEHALF FROM COUNTY COMMISSIONER KAREN MARCUS. I WOULD LIKE THE COURTESY OF A REPLY. IN CLOSING THERE IS ONE THING THAT MAY HELP THE NOISE LEVEL COMING FROM THE RESTAURANT. TABLES OF MORE THAN 4 PERSONS ALWAYS SEEM TO BE LOUDER! PLEASE CONSIDER RESTRICTING THE TABLES TO PARTIES OF 4 OR LESS. SINCERELY YOURS AND VERY FRUSTRATED! RICHARD ARNOLD and FAMILY �W/ e- //-l° Board of County Commissioners Maude Ford Lee. Chair Warren H. Newell. Vice Chairman Karen T. Marcus Carol A. Roberts Mary McCarty Burt Aaronson Tony Masilotti January 22, 2001 County Administrat Robert Weisman The Honorable Joe Russo, Mayor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach G arddens, FL 33410 -4698 Dear Mayo OL-/ in bLcember, I was copied on a letter addressed to you from Richard Arnold regarding the Breakers Restaurant, (copy attached). My office has been in contact with Mark Hendrickson regarding the complaint. I understand from Mark that he has forwarded his recommendations to the City's Code Enforcement Division. However, as of January 19 no notice of violation was issued to the property owner. You may recall the residents adjacent to the restaurant were opposed to the outdoor seating because of the noise. As I had stated in a previous letter, outdoor seating becomes a code enforcement problem when they are directly adjacent to residential uses for both the city and the county. I hope the City will do everything within your power to be sure the property owner adheres to the conditions of approval the city imposed upon them. I hope that you will give my concerns your serious consideration. 1 sirycer.,eiy, Karen . Marcus CPun Commissioner KTM /pw c: Richard Arnold "An Equal Opportunity Affirmative Action Employer" Sid P.O. Box 1989 West Palm Beach, Florida 33402 -1989 (561) 355 -2001 Fax: (561) 355 -3990 December 20, 2000 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL, 33410 ATTENTION MAYOR RUSSO: DEAR MAYOR RUSSO. IN SEPTEMBER OF THIS YEAR, YOUR CITY COMMISSIONERS CONDITIONALLY APPROVED 13 TABLES FOR OUTDOOR DINNING FOR THE BREAKERS RESTAURANT,I'M SURE YOU REMEMBER THE ISSUE. I HOPE YOU REMEMBER AS PART OF THE CONDITIONAL APPROVAL THE RESTAURANT WAS SUPPOSED TO PLACE 9 FICUS TREES IN 30INCH POTS ALONG THE SEAWALL TO GIVE THE NEIGHBORS THEIR PRIVACY. THE RESTAURANT OPENED ON DEC.2ND AND THE FICUS TREES ARE NOT THERE. I CALLED CODE ENFORCEMENT ON DEC.3RD AND A NICE LADY TOLD ME SHE WOULD INVESTIGATE AND GET BACK TO ME. AS OF TODAYS DATE I'VE NOT HEARD FROM ANYONE! WILL YOU PLEASE HELP ME . I WILL ALSO ADD THAT THE RESTAURANT IS A DISTRACTION TO THE ENJOYMENT OF MY HOME. THE NOISE LEVEL IS ANNOYING ESPECIALLY ON THE WEEKENDS. WHEN THEY HAVE SPECIAL EVENTS UPSTAIRS WITH 100 -300 PEOPLE IT GETS MUCH WORSE. ON SEVERAL OCCASIONS I'VE HAD TO LEAVE MY OUTDOOR ENTERTAINMENT AREA AND STAY INDOORS. IF YOU'VE NOT HAD THE PLEASURE OF DINNING THERE, YOU OWE IT TO YOURSELF. THE FOOD IS TERRIFIC, THE SERVICE AND MANAGEMENT IS VERY PROFESSIONAL AND THE DECOR IS MUCH IMPROVED. ON THE OTHER HAND, PLEASE CONSIDER THIS MY FIRST OFFICIAL COMPLAINT. I EAGERLY AWAIT YOUR REPLY. YOURS TRULY, RICHARD ARNOLD 2080 SOUTH WATERWAY NORTH PALM BEACH, FL 33408 CC: CODE ENFORCEMENT CC: KAREN T. MARCUS- COUNTY COMMISSIONER DISTRICT 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 1, 2001 Meeting Date: June 7, 2001 Subject/Agenda Item: Appointment of members to the Parks and Recreation Advisory Board. Recommendation /Motion: Approve list of candidates to serve as members of the Parks and Recreation Advisory Board Reviewed by: Originating Dept.: Parks Costs: $ Council Action: and Recreation Total City Attorney [ ] Approved Finance $ [ ] Approved w/conditfons Current FY AC [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ ] Other 1. Memo from Parks and [ X ] Not Required Recreation'staff Submitted by: Jack Doughney, Assistant to the City M ager Dep r Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required 'K- V� L tiJ -T- Te- rn CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: June 1, 2001 FROM: Jack Doughney, Assistant to the City Manager Brian McLaughlin, Assistant Director, Parks and Recreati7fdK SUBJECT: Appointment of Parks and Recreation Advisory Board Members BACKGROUND: Numerous vacancies have occurred in the Parks and Recreation Advisory Board through resignations and the expiration of terms. Staff is recommending filling the vacancies as indicated. BACKGROUND: Staff received ten applications to serve as members of the Parks and Recreation Advisory Board, and from those applicants, staff is recommending the following be appointed to the board, as outlined in the table. Copies of applications are included for your perusal. RECOMMENDATION: Staff recommends the following appointments take place: Recommended as new board members: Mary Ann Hedrick Robert "Bert" Premuroso Phillip Milton Pam Sartory Mark Kenisberg Recor m cfi l alternate member: Tory Buckley A,-- S„ J� Seat Current Member Status of Current Member Appointment Seat # 1 Tory Buckley Term expired March 20, 2000 Mark Kenisber Seat # 2 Susie Kendall Term expired March 20, 2000 (Resigned) Mary Ann Hedrick Seat # 3 Pam Didio Term expired March 20, 2000 (Resigned) Pam Sartory Seat # 4 Ed Oliver Term expired March 20, 2001 Robert "Bert" Premuroso Seat # 5 Michael Simon Term expired March 20, 2001 Phil Milton Seat # 6 Charles Torrey Term expires September 4, 2001 Serves until term expires Seat # 7 Jim H. Ma or Term expires September 4, 2001 Serves until term expires Alternate # 1 Bette Bates Term expires September 4, 2001 (Resigned) Tory Buckle - Reappointment Alternate # 2 Christopher Holmes Term expires September 4, 2001 Serves until term expires Staff is available for discussion at your convenience RESOLUTION 97, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF FIVE (5) REGULAR MEMBERS AND ONE (1) ALTERNATE MEMBER TO THE PARKS AND RECREATION ADVISORY BOARD OF THE CITY OF PALM BEACH GARDENS IN ORDER TO FILL EXPIRED TERMS; AND, PROVIDING FOR AN EEFFECTIVE DATE. WHEREAS, Section 46 -32 of the City of Palm Beach Gardens Code of Ordinances, provides for the appointment of members to the City of Palm Beach Gardens Parks and Recreation Advisory Board; and WHEREAS, it is the desire of the City Council to appoint members five regular members and one (1) alternate member to the Parks and Recreation Advisory Board to fill expired terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 46 -32 of the City of Palm Beach Gardens Code of Ordinances , , , , and are hereby appointed as regular members of the Parks and Recreation Advisory for a term of three (3) years, which terms of office shall expire June 6, 2004. SECTION 2. Pursuant to Section 46 -32 of the City of Palm Beach Gardens Code of Ordinances is hereby appointed as an alternate member of the Parks and Recreation Advisory for a term of three (3) years, which terms of office shall expire June 6, 2004. SECTION 6. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 7 DAY OF JUNE, 2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board (s) Applied for: Name: (Print) VYl l4-,2 ✓ Ai v .vc � � Q b� (� i Telephone: DaY � Gam /) Home Address: Evening (S� !� C y2 37,S—Z How long have you been a resident of Palm Beach Gardens? t) Palm Beach County? Current Employer: �� Lriv�i� CG ��n T� °x-'Position: f G� ;�4i•fE;��'�. Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board (s) (include past board experience): L3Yc:.0 �%' /%✓ ��/ . c • St_ /'�i� �� /f C�t '�X C L 0 r.�:Ut �.� Cat, y +��d o'S CG�iI�•i -F' lei s AW T /) 6_G % 6 V G° i i /i % ��' /1/l /r'YG w /.) t� L c� [: __ Y :��i�-�� G> ✓/C %S, zc.: �.✓1 t�ITL ^�`l- L',-�: vy F.L� %� "S• ic:.r.G,� �? � '. Educational Background: ell i/• .f! v� C e �.� Signature j s -��J Date Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 November 1st, 2000 Dear Mrs. Miller I understand that there is a position open on your Advisory Board for the City of Palm Beach Gardens. I have been a resident of Gardens for the past 8 years. As you can see by my past and present employment that I am familar with your area of expertise. Three years ago I was involved in an automobile accident and I am now bound to a wheelchair. I am offering my assistance in hopes of shedding some light on any issues or concerns that you may have regarding the ADA Laws or just handicap issues in itself. I see the world alittle differently now, but, I have remained extremely active in it. - Please notify me if you have any further questions regarding my capabilities. Sincerely, MaryAnne D. Hedrick MaryAnne D. Hedrick 10186 Daphne Ave. Palm Beach Gardens, Fl. 33410 561 - 622 -3752 Employment: Palm Beach County School Board Lake Worth Middle School 1300 Barnett Dr. Lake Worth, Fl. 561- 540 -5516 Physical Education Teacher 1989 - present Department Head 1990 - present After - school Coordinator 1994 -1997 Paramus Recreation Department 475 Farview Ave. Paramus, N.J. 07652 201- 265 -9325 Director of Recreation 1981 -1989 Assistant Director 1979 -1981 Education: Rowan University Glassboro, N.J. B.A. Degree in Physical Education, Health, and Driver's Education K - 12 Graduated 1979 Paramus High School Paramus, N.J. Graduated 1975 City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: Parks and Recreation Advisory Board Name: (Print) Robert "Bert" G. Premuroso Telephone: Day (561) 712 -1010 . Evening (561) 627 -8940 Home Address- 4077 Jonquil Circle North PBG, FL 33410 How long have you been a resident of Palm Beach Gardens? 25 yrs Palm Beach County? 29 yrs Current Employer: SouthTrust Bank Position: Commercial Lender Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) Educational Background Community Activities (Include offices held and committee service) Signature Date Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. WORK EXPERIENCE: Robert "Bert" G. Premuroso 4077 Jonquil Circle North Palm Beach Gardens, Florida 33410 561- 627 -8940 Vice President, Commercial Lending SOUTHTRUST BANK 1998 to Present WEST PALM BEACH, FLORIDA Responsible for business development throughout Palm Beach County for a $45 Billion commercial bank headquartered in Birmingham, Alabama. Product lines of business include commercial loans, mortgages, real estate acquisition and development, industrial revenue bonds, capital market issuances, municipal financing, cash management investments and depository services. Voted "Top Producer of New Loan Production" for Bank's Southeast Florida market consisting of Palm Beach, Broward and Dade Counties in 2000. Assistant Vice President, Commercial Lending BARNETT BANK OF PALM BEACH COUNTY - 1996-1998 WEST PALM BEACH, FLORIDA Responsible for developing new customer and expanding on existing customer relationships throughout Palm Beach County with business revenues not exceeding $250MM. Product lines of business included commercial loans, mortgages, real estate acquisition and development, industrial revenue bonds, capital market issuances, municipal financing, cash management investments and depository services. Small Business Commercial Lender 1993-1996 Responsible for developing new customer relationships in potential lending markets with business revenues not exceeding $5MM. Territory consisted of the bank's central region which included West Palm Beach, Lake Worth, Royal Palm Beach and Wellington. Voted "Small Business Lender of the Year" for the Palm Beach County market in 1995. Small Business Underwriter 1992-1993 Worked in the Small Business Lending Unit during the start-up and implementation of the Small Business product line throughout the branch network system. After initial training, began to analyze and underwrite commercial loans up to.$1MM. Management Associate 1990-1992 Responsible for applying on the job training and classroom facilitated core credit training skills as a member of Barnett's Banker Development Program. Experience includes six months retail training throughout the branch network system, one year as an analyst in the Corporate Credit Department and additional assignments in Credit Administration, Commercial Real Estate and Corporate Lending. Installment Repossession Supervisor 1989-1990 Departmental responsibilities included balancing and adjustments to repossession and foreclosure accounts. Also handled title work and charge -off processing associated with new and sold repossessions. Commercial Loan Accounting Clerk 1988-1989 Researched and reported monthly on the bank's commercial loan portfolio including new and renewed loans, fee income generated, past due loans and potential non - accrual. Sales Representative SEARS, ROEBUCK AND COMPANY 1982-1990 PALM BEACH GARDENS, FLORIDA Involved in all aspects of the selling and marketing of promotional items and extended warranty plans. Also assisted in the relocation of the department store from the Twin City Mall in Lake Park to the Gardens Mall in 1989. Service was maintained through the college educational period. EDUCATION: Bachelor of Science Degree 1986-1988 FLORIDA STATE UNIVERSITY TALLAHASSEE, FLORIDA Major., Finance Minor: Real Estate Course work: Accounting, Banking, Computers, Finance, Investments, Management and Real Estate Associate of Arts Degree 1983-1985 PALM BEACH COMMUNITY COLLEGE - NORTH CAMPUS PALM BEACH GARDENS, FLORIDA AFFILIATIONS High School Diploma 1979-1983 PALM BEACH GARDENS COMMUNITY HIGH SCHOOL PALM BEACH GARDENS, FLORIDA • Member, Gardenia Gardens Homeowners Association • Treasurer, The National Football Foundation and College Hall of Fame, Inc. • Past Volunteer Chairman, PGA Seniors' Golf Championship (1994 -2000) • Past Officer and Treasurer, The Optimist Club of West Palm Beach (1995 -1999) • Past "Bowl -a -thon" Committee Member, Junior Achievement of the Palm Beaches • Past "WalkAmerica" Committee Member, March of Dimes • 1994 "Man of the Year' Candidate, The Leukemia & Lymphoma Society of America t Uy — - -- -- - - - - -- - - 561 555 1212; Ntay -14 -01 1:57PM; Pa e 9 FAX N0. May. 14 2501 10 :46RM P2 City of Palm Beach Gardens ' . APPLICATIQN FOR POSITIONS ON.AAVISORY BOARDIS) Please nr6t in Black Ink Board (s)Appiied for: Name: (Print) rVAI '1'elephote: Day. o /J l��'fi��SB Evening HOMO Address: _ How Ion have you hecu a resident of Palm Beach Gardens? Pain Beach County? CurrentEmpleyer: � Position: /e5/Aex.%� Please ilittach a resume to your application or use space below. to summarize qualifications and experiGaee acquired that would be i►cipful to the Hoard(s) for which you are Applying. Specio:Qualifications for specific board (s) (include past board experience). oO�eerew 7- -e iIW WewlCo + , iti C. R,,e e-s Ae-Al T -_ ,lfj��,GwrL j>iST,eiBp�QsvCirp.�y - , Educational Background: Sent By: ; 561 555 1212; May -14 -01 1:57PM; Page 2/3 I' Philip Milton 55 Windsor Lane, Palm Beach Gardens, FL 33418 (561) 624 -0658 OBJECTIVE Self motivated individual with proven track record in sales and business development is seeking a sales management position with a growth- oriented financial institution where leadership and strong communication skills will have an impact on profitability. productivity, and market share. SKILLS Excellent communicator with solid interpersonal skills. • People motivator with proven leadership abilities. • Detailed oriented marketer with superior analytical skills. • Self - motivated with strong negotiating and diplomatic skills. • Strong team building and project management skills. - • Exceptional business acumen with research analysis, decision making, and follow- through. • Computer proficient in word processing, spreadsheets, database programs, and Windows98. • Proven track record in solving complex operational problems. • Relates well to others at all levels and in any environment. • Intelligent and adaptable; defines parameters. identifies resources and implements practical solutions under time critical conditions. WORK HISTOfty 1991 - Pr!asent VICE PRESIDENT - MARKETING - Envirep, Inc.. Palm Beach Gardens, FL An HVAC equipment distribution firm providing complete distributorship set -up, including marketing, training and promotion of IAQ equipment manufactured by five national firms primarily to AA/C contractors. Built a successful Internet marketing and consulting organization with sales in 48 states. Managed the implementation of corporate e -mail, FTP, and web site projects. Formulated the company's strategic plan, annual budgets, and cash flow program. Directed all aspects of corporate marketing and sales, with P&L responsibility. Generated direct marketing channels, promotional materials, and marketing strategies. Exploited opportunities created by the Internet and emerging technologies. Produced one of the first multimedia training presentations on the Internet. Created an on -line advert +sing and interactive product demonstration program, Sent 8y 561 555 1212; May -14 -01 1:57PM; Page 3/3 1976-11 99`1 CHIEF OPERATIN6 OFFICER - Airmatic Incorporated. Jupiter, Florida A manufacturer and distributor of industrial perfumes. Built a successful sales and marketing team that created over 2,200 independent distributorship throughout the United States. Negotiated and closed over $4.5 million worth of new business last three years. Authored corporate sales and marketing research programs and established sales and training guidelines. Produced a corporate video called "PhD in Closing ". COMPUTER SKILLS Proficient in PC -Based Computer Systems, Windows 98, Word for Windows, Microsoft Office Products, Excel, Harvard Graphics, Powerpoint, Lotus SmartSuite, PaintShop Pro, EDUCATION 1971 Math Qegme - University of Buffalo. Buffalo, New York REFERENCES'? Available upon request. c ; tq v E, N .4,I A) I k City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: VOLE {'s cha A eP- t(reO.e_"I ll m Name: (Print) la rn sQ y- il) y Telephone: Day (A L-1 -a 0 a Evening S6m t✓ Home Address: 4 134 LaVxc -DU,r C--'a rdev.s. F - 334 h a How long have you beenl a' resident of Pallm� Beach Gardens? jar �SPalm Beach County? r� Current Employer: CA t'G�1'1� f ��(`�Q'rdeh5 Position: J�r& cV ( P� Please attach a resume to your application or use space below to summarize qua li ications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) See ak�&6-e-j �u.e Q Educational Background Nb�oy Community Activities (Include offices held and committee service) Signature Date 3 0/ Applications are valid for two (2) years from the date they are signed. Return to. City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Pam Sartory Parks and Recreation Advisory Board Application Special Qualifications for Parks and Recreation Board: I am currently employed by the City of Palm Beach Gardens Parks and Recreation Department's Early Childhood Program. I teach preschool three mornings a week at the Riverside Drive Community Center. I also work throughout the year for the Special Events Coordinator helping out at events. I have two children ages 5 and 9 who are actively involved in many programs that the Parks and Recreation Department offers. These include Palm Beach Gardens Dance, Peewee Tennis, Youth Soccer, Youth Track and Field and PBGYAA Baseball Program. In the past my children have been participants in Swim Lessons, Karate, Gymnastics, Art Classes and the Early Childhood Program. As a family we always attend the many functions that this department offers such as Daddy/Daughter Date Night, Mother /Son Night of Fun, Hoe Down, Mother/Daughter Tea, Little Spooks Fun House, Little Elves Fun Shop and the Annual Egg Hunt. As the parent of children involved in these programs I always take an active role in their participation. I make it a point to know the instructors and offer my help for the programs. Over the years I have spent a great deal of time at the community centers and parks. I see the strengths and weaknesses of our facilities. I believe I can offer this Board a very well rounded parent's view of the needs of this department and the facilities. Community Activities: ➢ Palm Beach Gardens Elementary PTA, member 1997 - current, Adopt -a -Class Coordinator 1998 - 1999, President 1999 -2001. ➢ Holy Spirit Lutheran Church, member 1993 - current, Capital Campaign Chairperson 1997 -1998, Children's Church Coordinator 1997 -1999, Education Committee Chairperson 1998 -1999, Vacation Bible School Director 1998 -2000, Children's Fellowship Coordinator 2000 -2001. ➢ Palm Beach Marine Institute Office Manager 1991 -1995, Mentor Coordinator 1995- 1996. The Palm Beach Marine Institute is a non -profit youthful offender" program. They take court- committed youth and use the ocean environment as a rehabilitation method for the kids. PBMI is governed by a Board of Trustees. As Office Manager I worked directly with this Board on a daily basis. In 1996 I left PBMI to become a stay -at -home room. After my departure they asked my husband to serve on their Board of Trustees. He currently serves as President of their Board and we both have a high level of involvement with the organization. From my involvement over the years at PBMI I have learned a great deal about the purpose of an advisory board and the role that the board plays within the whole organization. FROM FAX N0. May. 10 2001 11:48AM P2 City of Palm Beach Gardens APPLICATION FOIL POSITIONS ON -ADVISORY BOARD (S) Please print in Black Ink Board (s) Applied for: Name: (Print) Telephone: Wy Yc [r / Evening el, ;1�f. Home Address: n flow long have you been a resident oZPall Beach G ardens? rrf• palm Beach County? fCurr•ent] mployer: /''' Ti'/! ��O,�i/ (:C Position: Al-'r/lc':. Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board (s) (include past board experience): Educational Background: ISel — r AN)lications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10560 N. Military Trail, Palm Beach Gardens, Florida 33410 City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board (s) Applied for: -PARKS � -j�CCRE ATl W 3 Name: (Print) JUbU AToSLER Telephone: Day 5(ol — (na1 —t)D�4 Evening f Same Home Address: 331'Z 1'PInjE 44ft_L R41t_ l�At_im �E�c�+ C,1Ai?�E1JS FL 334 t a - .3.srD a How long have you been a resident of Palm Beach Gardens? ILVAiSPalm Beach County? �S Current Employer: Position: Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board (s) (include past board experience): ,J-A p a o-Ii / Educ tional Background: Signature I df,% . �/� Date ,?000 Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 Judith E. Amsler, BBA, COTA/L 3318 Pine Hill Trail Palm Beach Gardens, FL 33418 Work Experience: 1999 -2000: Jean Elliott Brown for U.S. Congress, FL District 16 Palm Beach Gardens, Florida Position: Scheduling Director. Supervisor, Karen Schneider, Campaign Manager. Duties: Scheduled candidate's attendance at events. Made cold calls to congress persons, unions, and political organizations to establish initial contacts for candidate. Scheduled follow -up meetings. Maintained computerized, intemet -based schedule. Office training of volunteers. 1996 -1999: Good Turns Vending, Palm Beach Gardens, Florida. Position: Owner Duties: Established single proprietor company. Developed and implemented marketing and business plans. Set up distribution network of vending machines. Customer service. 1995 -1996: Achievement Rehabilitation, Related Services Division Orlando, Florida Position: Area Director. Promotion from previous position to participate in start-up of new division. Reported to Regional V.P., Achievement Rehab, Orlando, Florida. Duties: Supervise rehabilitation staff of six subacute and skilled nursing centers from Jacksonville, FL to Lake Worth, FL. Annualized revenue of $7.7 Million. Recruiting, training, and retention of individual facility Directors of Rehabilitation. Interviewing, hiring, and retention of staff therapists. Coordinated development of new staff orientation program. Developed and monitored individual operating budgets. Edited divisional quarterly newsletter. 1994 -1995: Achievement Rehabilitation Minnetonka, Minnesota Position: Director of Rehabilitation Services, Integrated Health Services of West Palm Beach, Florida. Duties: Develop rehabilitation service in a new start-up facility with ALF, subacute, and skilled nursing programs. Responsible for recruiting, staffing, product -line implementation, budgeting, and coordination with other clinical services. Participated in external marketing, cost accounting for managed care contracts, long -range planning and development of student therapist clinical extemships. Start-up staff of six grew to 32 FTE's plus per -diem pool of 18 therapists. Revenues increased from $1,600 per month to $180,000 per month. 1992 -1994: NovaCare, Inc. King of Prussia, Pennsylvania Position: Facility Coordinator C93-'94) and C.O.T.A., Level II Direct Care Provider Duties: Coordinate delivery of services by the rehabilitation team Provide support to and represent the team, to the facility. Included patient - related activities, customer relations, facility orientation, outside marketing activities. Provided direct patient care. Supervised C.O.T.A. students from Palm Beach Community College. Judith E. Amsler Page 2 1993 -1994: Palm Beach Community College, Occupational Therapy Assistant Department Lake Worth, Florida Position: Field Work Coordinator Duties: Supervise clinical field work experience for students. Act as liaison between the college and occupational therapists supervising students' field work experiences. 10/1993 - 12/1993: Palm Beach Community College Lake Worth, Florida Position: Adjunct Instructor Duties: Classroom instructor for federally- funded program, "Seniors Assisting Seniors". 1990 -1992: Professional Rehabilitation Agency / IntegraCare, Inc. Delray Beach, Florida Position: Program Developer, Occupational Therapy Duties: Start-up of occupational therapy and business office component of contract rehabilitation services and skilled nursing facilities. Marketing of rehabilitation services to facility staff and physicians. Inservice education of patient care staff. Coordinate interdisciplinary care conferences. Provide direct patient care. Developed five new departments. 1988 -1990: Biggs Industries West Palm Beach, Florida Position: Cabinet Maker Duties: Fabricate and install custom cabinetry for homes, businesses and boats. 1972 -1983: The ReHabilitation Center of Cattaraugus County Allegany, New York Position: Certified Occupational Therapy Assistant Duties: Provide direct patient care to adult and child mentally and physically handicapped outpatients. Design and execute interdisciplinary rehabilitation programs in cooperation with agency's children's school program and adult sheltered workshop. Organized and coordinated Infant Stimulation Program for handicapped infants and their families involving the input of rehabilitation, educational, social service, and behavioral staff. Founded and chaired the agency's social committee. Education: 2000: B.B.A., Management, Cum Laude, Northwood University, West Palm Beach, Florida 1970: Associate in Applied Science, With Honors. Occupational Therapy Assistant Curriculum, Erie Community College, Williamsville, New York Professional Associations: American Occupational Therapy Association Florida Occupational Therapy Association Judith E. Amsler Page 3 Community Activities: 1999 - Present: Advisory Board, Palm Beach Gardens Neighborhood Association 1996- Present: Northem Palm Beaches Chamber of Commerce, Palm Beach Gardens, FL 1999, 2000: ArtiGras Steering Committee, Youth Area Chairperson 1999: Chair, Ambassador Committee 1998: Volunteer of The Year 1998: Member, Health Care Committee 1997: Ambassador of The Year 1997 -2000: Ambassador Committee 1995 - Present: Shady Lakes Home Owner's Association, Palm Beach, Gardens, FL 1999: Board of Directors, Chair of Landscaping Committee 1998 -1999: Newsletter Editor 1998: Chair, Shady Ladies 1996: Palm Beach Gardens Community High School Project Graduation Organizing Committee, Security Committee 1992 -1995: Palm Beach Gardens Community High School Advisory Board 1990 -1992: H.L. Watkins Middle School, Palm Beach Gardens, FL Advisory Board 1990: First United Church of Christ, Jupiter, FL Capital Funds Campaign Committee 1989: First United Church of Christ, Jupiter, FL Bazaar Co -Chair 1987 -1989 Palm Beach Gardens Elementary School Instituted monthly school newsletter "Grape Vine" Fund raising Co- Chair, Lapathon 1986: PLAYSCAPE Playground project, Palm Beach Gardens Community Center Fund raising Co -Chair 1984 -1989: American Red Cross, Palm Beach County Chapter Shelter Manager City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: Name: (Print) wit t t p vy" Q 1,5 ►J Telephone: Da<gGt) G2-9--3--367 Evening Home Address: �8911 L oT7' Ee CU P Qi P . W , P 6G, How long have you been a resident of Palm Beach Gardens? 3 -31rs Current Employer: -E T l eE V�, Position FL Palm Beach County? �-Zy -J Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) Educational Background }{S, Jc� i \i.iid _ Ctom M., U0.TgA\ v l Community Activities (Include offices held and committee service) Signature, LYAAO ,,,, Date 16 12 6/0 a Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. M;y-24 -2001 11:59an Frcr- +5616556222 T -04 P.002/004 F -440 City of Pallas Beach Gardens 4=31CATI ON FQR POSITIONS QN ADVISORY, A044D tS 1 Ptessc prim in $leek Ink Board (a) Applied for; Parks and Mcreation Advisory Board Namo: (Print) Michael J, Gabatallo, iv Telcphart, i ?;tr 561 -650 --7953 Everii�:g 561 - 627 -09811 )IMOAddresms 97 Admiral's Courc, Palm beach Gardens, Florida 33418 Ho-is lung have you been a res'denr of Palm Beach Gardens? 3.5 yrsyaliu i)caelt Cougty", 4.5 yrs Current lEntp)oycrc -- (;raPnbr-rr, Trauri � Putition; ssnri -are Arrnrno Pltasa atrach a resulne to your application or use space below to aucnmariza qusliilcariun i and eaptriencc ag4tircd Mat would be bclpfuI to thr Boards) for »high yuu are applying, Special Quatificxtiun�- for Specific board (s) (include peat board experience); 52e resume a>:taehed Fdu%:aLi0wU Mukgraund; See res=e gttAched. _... -- rim 24 , 2001 Signaturr •� lltitc_ - -- - - ,- •- - - -- Applicutiuny rtrc Yslid for two (2) yrsrs front the data thry arc aigntd. Aalwrp to Cil} Citrk'> UlIxC. 10970 N. Military lroil, Palm Rt:ach G- trdens, Florida 33 410 I lived in ?alm Beach Gardens from 1982 ro 1989 when i left the stcre to attend college and law schcoL. 2d uti9Z :0T :002 22 'F P!4 Ot l 3<'1.:j . Hoitizz EG140r z£S to d ct i t la -l3Z —saw [001 11:59a: Frca- +5616556222 T -174 F.00$/004 F-440 MICHAf-I- J. SABATELLO 97 Admiral's Courd Palm Beach Gardens, Florida 33418 Home (561) 6:7 -0981; Office (561) 650 -7900 EDUCA ION J.D., 1996, Rutgers School of Law, Ncwark, New Jersey Positions: Associate Editor, Rurgers Compurer and Technology Law Journal. BS., 1993, Economics, Fairleigh Dickinson University, Madison, New Jersey Honors: Magna Cum Laude Graduate; Commencement Speaker, Positions: President, Student Government Association. ADNESSIONS Admitted to the Florida and New Jersey (inactive) bars. EXP&RIFNCF: Greenberg. Tr,-.uriz P-A., West Palm Beach, Fl. Associate Attorney, Real Estate Department (August 1999 through presenT) Represznts corporate and individual clients and lending institutions in the acquisition, development, leasing, financing and sale of commercial real estate, including office buildings; shopping centers, apartment complexes, vacant land and planned unit developments. LIovle, Flaniaar1Katz. Kol ins, Rayn and & Sheehan. P. A,, West Palm Beach, FL Associate Attorney, Co:nmercialiReal Estate Department (September 1996 Through August 1999) Represented clients in the acquisition, leasing, development, financing, aMd sale of commercial and residemia': real estate; counseled chents on the purchase, sale, orgazniz.ation and management of business vewurzs; facilitated client meetings with local elected officials. The Honorable Bob Franks, United States :Mouse of Representatives: Seventh District (R), NcW Jeney Staff Assistant, Special Projects Coordinator, Field Representative (Mav 1993 through May 1996) Directed _lobs Fairs and Small Business Conference; assisted in organizing 1995 New Jersey Congession -al Budget Hearing; drafted Special Projects Manual distributed to Members of Congress, and office briefs; organized bri =frogs on Federal and local issues. ,e -2001 1i:00pn FrcR- COMMUNITY SERVICE AND INVOLVEMENT 45E16556222 T -474 P. 004/004 F -440 Vice Chair, Risk Managment Committee, SunFest 97, SunFest 98, SunFest 99, SunFest 00, Vice Chair: Club SunFest Comrriittec, SwIcst 01, MEET URS;HIPS The Florida Bar association The Palm Beach Cownty liar Association (Member, Real Estate Ci.F Co=t iuee)- Brian McLaughlin From: Sabatellom @gtlaw.com Sent: Tuesday, May 29, 2001 10:22 AM To: Brian McLaughlin Subject: Recreation Board (please reply to confirm receipt) TT00006.2itm Michael Sabatello 97 Admirals Court Palm Beach Gardens, Florida 33418 H: 627 0981 W: 650 7953 F: 838 8853 Cell: 308 5645 Sabatellom @gtlaw.com May 29, 2001 VIA FACSIMILE - 775 -8280 Brian McLaughlin City of Palm Beach Gardens Assistant Director of Parks and Recreation 4404 Burns Road Palm Beach Gardens, Florida 33410 Dear Brian: I want to provide you with some additional information regarding my background and interests. First, to clarify, I moved to Palm Beach Gardens in 1982 and lived in the City with my family until graduating from high school in 1989. 1 attended grade school at St. Claire's in North Palm Beach and high school at Cardinal Newman High School in West Palm Beach. After graduating, I attended collect and law school in New Jersey, as you can see from my resume. After graduating from law school, I returned to Palm Beach County, but lived outside the City limits for a period of time. My wife, Kristin, and I then moved back into the City of Palm Beach Gardens approximately three and one -half year ago. I am proud to say that we are now homeowner's in Palm Beach Gardens and are expecting our first child in September. I am interested in helping protect and preserve the special quality of life we enjoy in Palm Beach Gardens, and, more specifically, I want to help maintain and develop our recreational facilities. I believe it is important for our children to have plenty of parks, fields and other recreation facilities to enjoy in safety and I believe that the Recreation Board can help to insure that our children will enjoy many years of play in the City, as I have. Thank you. Very truly yours, a} /s/ Michael Sabatello The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to postmaster @gtiaw.com. City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: Aen Name: (Prino ! /l/ /19/p a54 Telephone: Day 77,- 7-7A7 Evening Home Address: e" 111M—I-bld How long have you been a resident of Palm Beach Gardens? SYZS Palm Beach County? Current Employer: 1(911r1A -r Position: Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) JV ( -&-WeS I&1-7'h- C1fiClfeo 1-,Oe E' Dkv%,rP.� r Educational Background Community Activities (Include offices held and committee service) _ Signature s-m4a szoz,%K Date /o — � %C2q Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 1000 N. Military Trail, Palm Beach Gardens, Florida 33410. WILLIAM M. WADDEN 247 Old Meadow Way Palm Beach Gardens, FL 33418 (561) 775 -9789 OBJECTIVE A position on the Parks and Recreation Board of Palm Beach Gardens that will utilize my strong background in business and golf course management. QUALIFICATIONS * Thirty years of experience in all aspects of golf course management. * A proven proficiency in finance and writing Federal Grant applications. * Experience in parks and recreation objectives, and day to day operations. * A consistant record of achieving departmental goals. SUPERVISORY EXPERIENCES Supervised and directed a staff of 176 people operating six golf courses and two driving ranges. In charge of maintenance staff, food and beverage concessions, and cashiering operations at each facility. Established work plans and schedules for departmental employees, issued instruction and orientation to new staff regarding office policies, practices, and procedures. Also involved in budgeting and financial improvements. EMPLOYMENT HISTORY 1992 -1996 Lansing Country Club -Head Golf Professional 1970 -1992 Chicago Park District - General Manager, Golf course operation 1965 -1970 Skil Corporation -Sales Manager, Power tools 1960 -1965 Kidder Peabody & Co.- Security Analyst EDUCATION New York Institute of Finance MBA John Carroll Uni. BA City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Appliegd�for:�j�V_`j ''� �G Name: (Print) V\ )e-n (J u Telephone: Day 11 Evening bzf p Home Address: G55j 9 Wffir l ) TXI VC T. K b How long have you been a resident of Palm Beach Gardens? S Palm Beach County?(D ,�r 11 t I, Current Employer: �(�' ��S�. (� P � w��►(! Position: �e �r (`Trn�er`�T�ic� �teryc� Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) .T� ii M OL t1 (e_ G C Grn�Pid ,ZhC� �1UeA 1 n }'pr-36 annnn .V(f alS Q.nd ho-op., e�, M 4he n ro« -N l + 4-he -w+(,ni ( C I - v, ftw o a_ r1rfi l+) e ?(1:�IcS Educational Background % -Nu k 1t . I �+e dfe-, A f � ' r p)6 f f s l�l 6 4- r M�ini)oA -7) 0h&G I'Izt rs.�rx),L �'MfIQ �zCretasrIa Wov-se s x-06 c �fc.r (ja5s_5. i-t-rim at Yinfarq as . Community Activities (Include offices held and committee service) � a m i n oo t l7c to [ `i-L ci -irtQ, (�C-� c� hr Z \b1 u. rOu- f - OA. X am r5n � G ,i L`A�vl i'v�c• e� , �Y "i+ n t.11�� 7r� Signature Date Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 1OS00 N. Military Trail, Palm Beach Gardens, Florida 33410. hail. ulc� �k� ve-)p )an re- To M-1) I c City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: P/a h rl / a1 0 € Zo /� i h q or Par�-< S f�c e �� c� f / o i-L 0 61 Name: (Print). jc� Gtvt /e, GtZ Ze-_r^cj_ Telephone: Day. (94 , /) 6 2-,,g -3 2 4 ( Evening (is Home Address: ,331- f3 66L- evts EA-s+ 1bri v C, How long have you been a resident of Palm Beach Gardens? / 4 yrs Palm Beach County?. / yrs Current Employer: No wip -�ov) Shki Position: Cti if-f- I`Ma /h Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) t�i^a -fc s.s / O 41 n-i U m 'V � C ao co U I- U 00 L. cr 10 LL -0 (A o H4.. 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