HomeMy Public PortalAboutNeighbors Agreement!r
Rita Taylor
From:
all Thrasher
Sant:
Wednesday, April 19, W129:56 AM
To:
Rha Taylor
Subject:
FW: Harbor View Estates
Attachments: 4735_OO1.pcH
From: Randolph, 3oM C. [malle0l andolph@pnes-foster.mm]
Sant: Wednesday, April 18, 2012 9:37 AM
To: Bill Thrasher
Subject FW: Harbor New Estates
Bill,
In the event you do not have this in your file, I am sending you the Agreement Re: Proposed
'Harbor New Estates Development which is recorded in Official Record Book 24856, Page
1212, of the public records of Palm Beach County. Please note the Town Is not a parry to this
Agreement but this Agreement is between Harbor View Estates, LLC and certain neighbors
who executed the Agreement whose homes and lots are in close proximity to the property.
Therefore, this Agreement is not enforceable by the Town but is enforceable by the parties who
are the beneficiaries thereof. In regard to the matter that was discussed at length at the recent
Town Commission meeting regarding the canopy, please see item number 3 on page 2 which
provides that:
'Neither the LLC, HOA nor the owners of any of the Lots of the Replat shall be permitted to do
anything to after the tree canopy above Tract R of the Rapist (the Access Road). Furthermore,
there shall be a minimum fifteen (15) foot landscape buffer on the southem fifteen (15) feet of
Lads 3 and 4 as shown on the Replat, which shall be maintained by the HOA. The HOA shall
also maintain the landscape buffer on the northern ten (10) feet of Lots 1 and 6 of the Rapist.
There were questions raised at the Commission meeting as to the bee canopy and whether
there was anything done to after the bee canopy above Tract R of the Replat. I believe the
language I have cited is applicable in that regard.
JOHN C. RANDOLPH
X.
john C. Randolph Ammny
13mn lhal: 561.650.0458 1 I.xa: 561-650.5500 1 inndnluh%,m ,(nnmmm
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Ibe nriyj,ul tmsuge.
From: Susan Scheid [maia0:susanstheidiggmlaw.mm]
Sent Monday, April 16, 2012 2:29 PM
To: Mark Grant; Randolph, John G
Subject; RE: Harbor New Estates
Mark Grant asked me to send you the attached Agreement Regarding Proposed Harbor New
Estates Development which is recorded in O.R. Book 24856, Page 1212, Palm Beach County,
Florida.
Grmspookrder
Susan Scheid, Legal Assistant
W Mark F. Grant add Sheila R. GeMatem
200 East Broward Bbd., Sane 1500
Fort taudmiale, FL 33301
9541911120, En. 2927
Email: sasan.smeld6onlaw.mm
From: Mark Grant
Sent Monday, April 16,2012 1:57 PM
To: Randolph, Sohn C.
Cc: Susan Scheid
Subject: RE: Harbor New Estates
1\
Page 1 of 2
Page 2 of 2
Susan, Please son and email a copy of the recorded agreement to Mr. Randolph
Skip, I am going to also send you a letterwhkh the arborist sent to Tom on Friday and which I received today. I know Tom had a meeting with the Town manager this morning but I have
been tied up today and haven'tspoken to Tom yet to hear how that meeting went.
Please note my new email address shown below.
GrmspwoMarder
Mark F. Grant
Shareholder
Florida Bar Certified Real Estate lawyer
200 East Bmward Boulevard, Suite 1500
Fort Lauderdale, FL 33301
954-527-2404 office
954-333-0004 fax
mark.grant agmlaw.com
From: Randolph, blas C.Imai1L;iJRando1oh,aaksles-ftsW.mml
Sent: Monday, April 16, 2012 10:40 AM
To: Mads Grant
Subject Hadco Mew Estates
Mark,
Thank you for mlling the other day in regard to the concerns expressed by the neighbors in regard to the canopy and screening. Would you please forward me a copy of
the recorded Agreement with Neighbors which addressed these issues.
Thank you.
JOHN C. RANDOLPH
1x
John C. Randolph Anom r,
Diced Uhl, 56L650.0158 I I br: 561.650.5300 1 imukdohlallamesfnnrr.cmn
Jmtre, Fmtc, J.1m mn a: Smbba, P.T.
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The information contained in this transmission may be attorney/client privileged and confidential. it is intended only for the use of the in
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4/18/2012
INININII�IN�NININININI�
CFP[ 20110427972
OR BK 24856 PG 1212
C:SDatalwpdocda100310ulfsbr m.FLHddmt4adnuAAgr emmt-Developer-10113011-a-RedOECORDED 11/16/2011 16713731
Retum to: (endo self-addressed stamped envelope) Palo Beach County, F1orLda
Name: Sharon R. Bock,CLERK i COMPTROLLER
MI)k F. Drent. Fsauire Pga 1212 - 1229; (18pgo)
This In . pAntPrepared by:
200
Fon
Property
Suite 1500
Suite 1500
LD. (Folio) Numbers(s):
AGREEATENT RE: PROPOSED "HARBOR VIEWESTATES" DEVELOPMENT
((��v
THIS AGR�sEMENT RE: PROPOSED "HARBOR VIEW ESTATES" DEVELOPMENT
("Agreement') by and iiinng Harbor View Estates, LLC, a Florida limited liability company ("LLC'j,
Harbor View Estates Action, Inc., a Florida corporation not-for-profit ("HOA") and the individuals
("Neighbors") executin 1 Agreement whose homes and lots are in close proximity to the property
described in Recital Abel f F Harbor View Estates), is dated as of the day of October, 2011.
' o
ii Recitals
A. LLC is under t to acquire Lots 4, 5 and 6 of Golf Course Addition, according to
the Plat thereof, recorded in Plat Page 75 or the Public Records of Palm Beach County, Florida,
and Tract A of Hidden Harbour Es ccording to the Plat thereof recorded in Plat Book 36, Page 110
of the Public Records of Palm Beach uggty, Florida (together, the "Harbor View Estates"). LLC expects
to close on the purchase of Harbor Vies promptly after execution of this Agreement.
B. LLC is in the process otting Harbor View Estates, which replat will be known as
"Hidden Harbor Estates Plat Two" (' ePon recording the Replat, Harbor View Estates will be
subdivided into six (6) separate lots (refe this Agreement as the "Lots").
C. The Neighbors have expressed certain concerns regarding the Replat of Harbor View
Estates and have been in discussions with representatives of the LLC with respect to the Replat and
related issues.
D. The LLC has formed the HOA to be responsible for (among other things) the private
road, drainage and landscaping buffers planned for Harbor View Estates and is causing the HOA to be a
party to this Agreement to acknowledge its obligations as set forth in this Agreement.
E. The LLC, the HOA and the Neighbors are entering into this Agreement to reflect their
mutual agreement and understanding with respect to the Replat of Harbor View Estates.
F. These recitals are an integral part of the parties' agreements, and are incorporated by
reference in the agreements below.
G. "Preliminary Plans" means those preliminary drawings, sketches, plans and/or
specifications which are identified on Exhibit "B" attached hereto.
RM;9130640;4
Book24856/Page1212
Page 1 of 18
H. "Private Road and Utility Easement" means that private road and utility easement as
shown on Plat Book 36, Page 110 in the Recorder's Office in and for Palm Beach
County, Florida. The term "Private Road and Utility Easement" and "Canal Road" are
used interchangeably in this Agreement; that road is located on the westerly portions of
Lots 1, 2 and 3.
"Tract R" of the Replat and "Access Road" are used interchangeably in this Agreement;
that roadway is immediately south of the proposed new Lots 3 and 4.
v
"Tract A" of the Replat and "New Road" are used interchangeably in this Agreement;
C�° that roadway is a T-shaped' road with ingress/egress to and from AIA (Ocean
(nt Boulevard).
K. idden Harbour Estates" consists of eight (8) lots immedimely west of Harbor View
etas, as shown more specifically on Hidden Harbour Estates Plat recorded at Plat
36, Page 110 s the Recorder's Office in and for Palm Beach County, Florida By
f explanation, that Hidden Harbour Estates Plat identifies certain land as 'Tract A',
w is and will become part of Lots 1, 2 and 3; that `Tract A' of the Hidden Harbour
Es let is not to be confused with Tract A of the Replat.
L. "Morg(aroperty" means lots 7 and 8 of Golf Course Addition according to the Plat
thereof red in Plat Book 10, Page 75 of the Public Records of Palm Beach County,
Florida!"",
M. Subject to a' We laws and the provisions of this Agreement, the LLC shall develop
Harbor View substantially in accordance with the Preliminary Plans,
N. As used in this A&—ment, the terms "engineer", "consultant", "professional" or words
of like import sh de, without limitation, a party's architect engineer, design
professional, torso contractor and/or attorney.
NOW, THEREFORE, in cFration of the premises and other good and valuable
consideration, the receipt and sufficient rch are hereby acknowledged, the parties hereto, intending
to be legally bound, agree as Follows:
ement
1. Neither the LLC nor the HOA shall use the name "Hidden Harbor Estates", "Hidden
Harbour Estates", or names substantially similar thereto, except on the name of the Replat.
2. The six (6) Lots planned for Harbor View Estates shall not be permitted to have vehicular
access, ingress or egress to Tract R of the Replat (shown as the Access Road on the sketch attached as
Exhibit A hereto) nor to the Private Road and Utility Easement located on Lots 1, 2 and 3 of the Replat
(shown as the Canal Road on Exhibit A hereto). Notwithstanding the foregoing, the residents of the
Harbor View Estates lots may have pedestrian access to the Canal Road and the residents of Lots 1, 2 and
3 of the Replat may use golf carts on such roadway. All vehicular access to the six (6) Lots in Harbor
View Estates will be via the private road to be Tract A on the Replat; however, Lot 4 of the Replat may
also have a driveway directly onto AIA (Ocean Boulevard). Tract A on the Replat shall be maintained by
the HOA. In addition, during the development of Harbor View Estates construction vehicles shall be
permitted access over Tract R of the Replat and the Canal Road to perform work in connection with the
drainage system and to repair the Canal Road pursuant to Paragraph 23 below.
3. Neither the LLC, HOA nor the owners of any of the Lots of the Replat shall be permitted
to do anything to alter the tree canopy above Tract R of the Replat (the Access Road). Furthermore, there
shall be a minimum fifteen (15) foot landscape buffer on the southern fifteen (15) feet of Lots 3 and 4, as
Book24856/Pagel
Page
shown on the Replat, which shall be maintained by the HOA. The HOA shall also maintain the landscape
buffer on the northern ten (10) feet of Lots I and 6 of the Replat.
4. To the extent one or more Hidden Harbour Estates lots is/are obligated to pay for the
re maintenance and/or replacement of all or part of Tract R's (Access Road's) drainage facilities,
en HOA shall contribute fifty percent (50%) of all costs therefor. The HOA shall pay such
co"tign to the Neighbors within thirty (30) days after invoice. If the HOA fails to fully pay the
amot�such contribution, then Neighbors shall have the immediate right to record a lien against all of
the LOLs �Pomprising Harbor View Estates.
�L
The LLC, for itself and its grantees, transferees, successors and assigns, shall indemnity,
defend an of harmless the Neighbors executing this Agreement from and against all costs, expenses,
fees, damag liabilities incurred by any of the Neighbors as a result of the improper design or
installation o r drainage system and/or any septic system installed by the LLC. Upon the sale, transfer,
lease or other i�ce of a Lot or other portion of Harbor View Estates, the LLC shall not be released
i'
from its obligaGoand liabilities under this Agreement. This indemnification with respect to drainage is
limited to damages�d by water flow which exceeds the greater of (x) historical water flow levels that
existed prior to the t ation of the drainage system by the LLC or (y) water flow that exceeds a
twenty-five (25) yeartG a event. The Neighbors acknowledge that an engineer and consultant of their
choosing have review f consulted with each other regarding the design for the drainage system,
landscaping and other in o s, additions and improvements which the LLC is planning for Harbor
View Estates, as more sp Ly shown on the Preliminary Plans. The Neighbors' engineer and the
LLC's engineer will contintb,asonably cooperate, coordinate and consult with each other, to
mutually approve the final de ' �'jitans and specifications. The Neighbors further acknowledge that
South Florida Water Managem ict regulations (among other things) require that road centerlines
be protected for up to a five-year Stt�pey, one -day duration storm event.
6. The parties hereto ack wiedge that the final drainage and septic plans/specifications for
Harbor View Estates have not yet bee and planstspecifications for grading, design elements,
landscaping and other improvements, in 'ons and other alterations have likewise not been finalized
(for both function and aesthetic purposes LLC's engineer shall work with a professional engineer
selected by the Neighbors to make certaipp I� the final drainage plansispecifications will provide a
mutually -acceptable drainage system which wt not only provide proper drainage for the six (6) Lots in
Harbor View Estates, but also will improve and enhance any drainage problems that may currently exist
on (i) Tract R (the Access Road) and (i) the road adjacent to and north of Harbor View Estates (i.e.,
contiguous to Lots I and 6. The HOA will be obligated to maintain the drainage system after its
installation is completed. Furthermore, the LLC's engineer or other professional(s) shall consult with,
coordinate with and cooperate with the Neighbors' engineer or other professionals(s) to mutually approve
the planstspecifications for grading retaining walls and other improvements, installations and other
alterations in connection with the development of Harbor View Estates development (but not in
connection with any dwellings and related improvements to be built upon the Lots). The LLC, while it is
in direct or indirect control of the HOA, and the HOA shall jointly and severally indemnify, defend and
hold harmless the Neighbors executing this Agreement from and against all costs, expenses, fees,
damages and liabilities incurred by any of such Neighbors as a result of the failure to properly maintain or
use the drainage system.
With respect to any retaining wall that may be installed on the westerly portions of Lots
1, 2 and/or 3, the Neighbors reserve all rights to object or otherwise disapprove such retaining wall(s);
and by entering into this Agreement, Neighbors are not waiving or acquiescing in the design, installation
or aesthetics of such retaining wall(s), however, the Neighbors shall not unreasonably withhold, condition
or delay their consent to the design, installation or aesthetics of such retaining wall.
RM:9130MA
Book24856/Page1214 Page 3 of 18
7. The respective owners of Lots 1, 2 and 3 of the Replat shall bear all costs and expenses to
maintain their respective Lots, including those westerly portions of their respective Lots which comprise
wh was Tract A of Hidden Harbour Estates according to the Plat thereof recorded in Plat Book 36, Page
11 the Public Records of Palm Beach County, Florida (the "Westerly Portions'. However, except as
e expressly set forth in this Agreement, none of the Lots within Harbor View Estates will be
obdao contribute to the cost of maintaining the Private Road and Utility Easement (the Canal Road
sho Exhibit A hereto) nor Tract R of the Replat (the Access Road shown on Exhibit A hereto) since
there of the Harbor View Estates Lots are prohibited from having vehicular access to such roads.
�0
Any of the Harbor View Estates Lots may be combined to make larger lots and the
replatting an Lots will not require the consent of any of the Neighbors nor shall the Neighbors object
to any such tting provided there are no changes to the north or south landscaping buffers or the
access to the 1
9. `17k live owners of Lots 1, 2 and 3 of the Replat may not do anything within the
portions of their res aLots lying westerly of the Private Road and Utility Easement (the Canal Road)
except traverse the try portion for pedestrian access to such Lot owner's respective dock adjoining
the "private canal" ( e lifted on Exhibit A attached hereto). The Neighbors expressly reserve the
right to maintain the an ing in such westerly portion; but the respective owners of Lots 1, 2 and 3
shall (within 30 days a 'ce) reimburse the Neighbors for the costs incurred in connection with
such landscaping maintenance a Neighbors shall maintain landscaping consistent with the manner in
which such area has been ma Itin the past. In the event the Neighbors are not properly maintaining
such area, any of those three Dvilers may send notice to the Neighbors giving them ten (10) days to
cure and if after such 10 -day p e cure has not been effected, any of those three Lot owners may
cure and offset the cost against erwise due to the Neighbors pursuant to this Agreement The
Neighbors hereby indemnify the o` rs of Lots 1, 2 and 3 against any liability, damages and costs
incurred by any of them arising out ofpersonal injury resulting from the Neighbors' maintenance of
such area. Neither the owners of Lots r¢3 nor the Neighbors shall do any planting or place any other
item or material within such area withou Erior written consent of the others, which approval shall not
be unreasonably withheld, delayed or corldd tl.
10. In connection with the development of Harbor View Estates the LLC will install a
retaining wall on the southern portion of Harbor View Estates in such a way that the tree canopy over
Tract R of the Replat (the Access Road) will not be damaged; among other things, the LLC will ensure
that the trees' root system is not damaged or otherwise adversely affected. The LLC will also install a
retaining wall on the northern portion of Harbor View Estates. The plans and specifications used to
construct the retaining walls are subject to the Neighbors' approval (not to be unreasonably withheld,
delayed or conditioned). The HOA shall be responsible to maintain both retaining walls.
11. The LLC shall grant a drainage easement for the benefit of the Neighbor's property over
those portions of Harbor View Estates that contain drainage pipes, systems and/or components which
benefit (7 Tract R of the Replat (the Access Road) and (ii) the road north of and adjacent to Harbor View
Estates. Such drainage easement shall be in a form reasonably acceptable to both the LLC and the
Neighbors. The easement shall be recorded as soon as practicable after the legal description for the
easement area has been determined but is contemplated to be in the location as shown on the Replat The
LLC shall bear the costs to prepare such legal description and record the drainage easement. The LLC's
attorney (Mark F_ Grant, Esq.) shall deliver to Neighbors' attorney (Frank N. Tobolsky, Esq.) a true and
complete copy of the recorded easement, within ten (10) days after recording.
RM:9130640:4
Book24856/Page1215 Page 4 of 18
12. The LLC shall install a wall, twenty-five (25) feet in length, south of the southern
terminus of the "North/South Leg" of the private road within Harbor View Estates (Tract A) which shall
extend a minimum of four (4) feet above the elevation of such "North/South Leg" (as shown on Exhibit A
her ). Such wall will be located at least fifteen (15) feet north of the northern edge of pavement of
Tia I of the Replat (the Access Road). The HOA shall maintain such wall. The purpose of that wall is
tt b automobile headlights from shining onto the Morgan Property. The Neighbors shall have the
rig approve the plans and specifications for that wall (which approval shall not be unreasonably
wtthh(lelayed or conditioned).
13:.0 The legal description of the property owned by each of the Neighbors is set forth below
their res signatures.
14. C his Agreement sets forth the complete agreement among the parties. All prior
agreements ar{bal understandings are merged herein.
15. greement may be executed in multiple counterparts, each of which individually
shall be deemed a "O'nal, but when taken together shall be deemed to be one and the same Agreement.
16. This"A_ ment shall be effective if and only if the Replat is recorded in the Public
Records of Palm BeacHCdirnty, Florida.
17. This A27,,q.,
t shall be binding upon the grantees, transferees, heirs, successors and
assigns of the LLC, the Hd each of the Lot owners. This Agreement shall inure to the benefit of the
rs
undersigned Neighboand tive grantees, transferees, heirs, successors and assigns.
:,
18. All of the easekenl-11 covenants, restrictions and provisions contained in this Agreement:
18.1 cfieE uitable servitudes upon the LLC, the HOA and the Lot owners
of Harbor View Estates, in v6r of the undersigned Neighbors and other property owners within
Hidden Harbour Estates;
18.2 constimi e¢i,enants running with the land; and
18.3 shall bind iel� person or entity having any fee, leasehold or other
interest in any portion of Harbor Vie` Iv Ntes, at any time or from time to time, to the extent that
such portion is affected or bound by the easement, covenant, restriction, or provision in question,
or to the extent that such easement, covenant, restriction or provision is to be performed on such
portion.
19. All notices, requests, demands, and other communications under this Agreement shall be
in writing and shall be delivered in person or sent by registered or certified mail, postage prepaid,
commercial overnight courier (e.g., FedEx) with written verification of receipt or by personal delivery.
Notices shall be addressed as set forth below, but any addressee may change its address by written notice
in accordance herewith.
20. The LLC shall cause its attorney (Mark F. Grant, Esq.) to record this Agreement in the
land records in and for Palm Beach County, Florida, which recordation shall be immediately after
recording the Deed to the LLC for Harbor View Estates (it being the parties' intent that this Agreement
shall 'prime' [be superior to] all other recorded easements, restrictions, covenants, agreements,
conditions, liens, mortgages, and the like. Within ten (10) days after the Deed and this Agreement are
recorded, the LLC's attorney shall deliver a true and complete copy of the recorded Deed and the
recorded Agreement to the Neighbors' attorney. The foregoing recordation and priority are material
inducements for Neighbors entering into this Agreement.
RK8I30640A
X
if to the LLC:
1116
185 Northeast 4th Ave., Suite 104
Delray Beach, FL 33483
Attn: Thomas Laudani
if to the HOA:
185 Northeast 4th Ave., Suite 104
Delray Beach, FL 33483
(✓���o Atm: Thomas Laudani
L� n3 if to a Neighbor:
f at his, her or their property address.
jIf any legal action or any other proceeding is brought for the enforcement of this
Agreement, ause of an alleged dispute, breach, default, or misrepresentation in connection with any
�Otof the provi of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonOrpf lattomeys' fees and other costs incurred in that action or proceeding, in addition to any
other relief to w7�h?1t or they may be entitled, including the fees and costs incurred in enforcing any
judgment which thaobtained in said action.
0
22. This Ag[eement shall be governed by and construed in accordance with the laws of
Florida. (; )
23. As show }t if' a Preliminary Plans, there is an approximate 50' wide portion of the Canal
Road, under which the LL�'1 `Jlc� to install part of its drainage system. LLC shall not cause any damage
to the Canal Road in connecwith installing its drainage system. LLC shall use either the "auger/bore'
method under the Canal Roa' 'r . trench cut and patch" method (as the LLC elects). If LLC uses the
"trench cut and patch" metho ;i*n, upon substantially completing its installation, LLC shall recap
(recoat) the entire Canal Road so6h3jthe Canal Road is uniform in appearance and aesthetically pleasing.
LLC shall perform all such work ifliBmJfree and good and workmanlike manner, and shall bear all costs
and expenses in connection with su r4ork.
24. The LLC's attorney oQF Grant, Esq.) shall hold the Replat "in escrow", and shall not
record such Replat, until LLC has cro.wered to the Neighbors true and complete copies of all
governmental permits, approvals, come -r - lans, specifications, and the like (including, without
limitation, fire marshall-approved plans lssu in connection with the development of Harbor View
Estates.
25. Attached hereto as Exhibit C is a form of letter from the Neighbors to Florida Department
of Transportation which the Neighbors shall sign and deliver to the LLC as soon as practical.
26. If a Lot owner or the HOA fails to perform any repair, maintenance or other obligation as
required by this Agreement, or otherwise breaches this Agreement, then after thirty (30) days' written
notice to the Lot owner and the HOA and the failure by them to cure within that time, then any Neighbor
may perform such work or other obligation with a right of reimbursement for all sums reasonably
necessary and properly expended to remedy such failure. Within ten (10) days after delivery of a
statement documenting such reasonable costs incurred, the HOA or Lot owner (as applicable) shall
reimburse the applicable Neighbor. If the HOA or Lot owner fails to pay any reimbursement due,
Neighbor which has incurred the costs shall have the immediate right to record a lien against the Lot
owner's property, in addition to all other rights and remedies permitted at law or in equity.
27. Notwithstanding anything in this Agreement to the contrary, the LLC, the HOA and each
Lot owner agrees that no Neighbor, nor any other person having any interest, direct or indirect, immediate
or more removed than immediate, in Neighbor, nor any of their grantees, transferees, heirs, successors nor
assigns, shall have any personal liability with respect to the terms, covenants and conditions of this
Agreement; rather, the LLC, the HOA and the Lot owners shall look solely to the Neighbor's interest in
RM!8130610:4
Ok246bb/Nage1217 Page
his/her/their respective parcel for the satisfaction of a breach by Neighbor of any of the terms, covenants
and conditions of this Agreement to be performed by such Neighbor.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
wri
.11n es: HARBOR VIEW ESTATES, LLC
vii dui—� By:
Print xt e: - 5 K fi mas D. Laudani, Manager
STATE OF t C -u )
COUNTY OF M 4 ) ss
I HEREBY`CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the(Cpltnty aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before in ' Thomas D. Laudani, Manager of Harbor View Estates, LLC., a Florida
limited liability company,` ° X and voluntarily under authority duly vested in him. He is personally
known tome or has produce i as identification.
WITNESS my hand Q-oAcial seal in the County and State last aforesaid this Zi
OWday of
Dsteber, 2011. �rh
loco,
(/7
My Commission Expires:=1 Print N me:
(C.,_
RNI:8130640:4
Book24856/Pagel
Page 7
Witnesses:
HARBOR VIEW ESTATES ASSOCIATION,
INC.
B
1iom8s;D. Laudani, President
iN
STATE OF s , PA )
COUNTY OF i} ) ss
I HEREBIRTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in tM Monty aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before to Thomas D. Laudani, President of Harbor View Estates Association, Inc., a
Florida corporation not C, rofit, freely and voluntarily under authority duly vested in him. He is
personally known to me o odneed laPit �,C teeFtlsEas identification.
0
WITNESS my handTJ.b
>T clal seal in the County and State last aforesaid this /0v4ay of
@s ebb�21171. ?
My Commission Expires: �J Print N e:
02
Wfur.;x¢�mv
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8
Book24856/Page1219 Page 8 of 18
��, f S
S T A T E D ^ h O e I N N q )
C O U N T Y Y v
E . O ' B o y l e
L e g a l D e s c r i p t i o n o f P r o p e r t y : L o t 5 o f H i d d e n
H a r b o u r E s t a t e s , a c c o r d i n g t o t h e P l a t t h e r e o f
r e c o r d e d i n P l a t B o o k 3 6 , P a g e I 1 0 o f t h e P u b l i c
R e c o r d s o f P a l m B e a c h C o u n t y
4 H E R E B Y C E R T I F Y t h a t o n t h i s d a y , b e f o r e m e , a n o f f i c e r d u l y a u t h o r i z e d i n t h e S t a t e
a f o r e s a i d a n d i t 1 �� C o u n t y a f o r e s a i d t o l a k e a c k n o w l e d g m e n t s , t h e f o r e g o i n g i n s t r u m e n t w a s
a c k n o w l e d g e d b e e e b y M a r t i n E . O ' B o y l e , w h o i s p e r s o n a l l y k n o w n t o m e o r w h o p r o d u c e d
( ! a s i d e n t i f i c a t i o n .
W I T N r : ��
r y h a n d a n d o f f i c i a l s e a l i n t h e C o u n t y a n d S t a t e l a s t a f o r e s a i d t h i s Q 6 n `
d a y o f O c t o b e r , 2 0 1 1 . 4 u ( ��
t s �� P r i n t N a m e : m o w n - y ���� i .
'/ N O T A R Y K O L I t 3 T A T F . O F F W R I D A
M a r i l y n E . P o r t a l
C ! j - C o m m i s s i o n # E E 0 6 4 6 / 5
' E a p n s : F E B . 1 5 2 1 1 5
s a m � n m r ��n u m c n o a o o a a c a , m e
R M : 8 1 3 0 6 4 0 . 4
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9
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P a g e 9 o f 1 8
Witnesses:
C�n
,J
STATE OF\F i?V )
COUNTY OF M 4Ch) ss
BONNIE KNICKERBOCKER GIBSON
Print Name:
Title:
Legal Descri ton of Property: Lot 6 of Hidden
Harbour Elates, according to the Plat thereof
recorded in Plat Book 36, Page 110 of the Public
d of alm Beach County
f`~a bs- EMILY BURUBsj
• Nctety Publk - Stale oiMY Carom. Expan Mar nl.4'. CORIMI"1aa • 00 9
I HEREBVCERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in th '(%unly aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before
-cacatcc,
no Jy cii—v-nvi3da-
and voluntarily under authority duly vested in himS�iS_persnnaily
known to me or has product ` o as identification.
WITNESS my hand icial seal in the County and State last aforesaid this day of
October, 2011.E �Oj
My Commission Expires: It Print Name:
[joNt•21r I�tJLGc.EYi(3pr=,�,�`� S�R•tsit'Z: bF i 1� t3oc�rr.�'E kr��K�gc�KEYZ
C,1�Str, (ZFvoc.Ac;lr -rrlvSrv�A(D'7�19�95,
RM:11130WA
10
10 of 18
I
Book24856/Page1222 Page 11 of 18
STATE OF If
COUNTY OF
famfs P. NecJes
Legal Description of Property: Lot 8 of Hidden
Harbour Estates, according to the Plat thereof
recorded in Plat Book 36, Page 110 of the Public
Records of Palm Beach County
CtkY,1 sz ,: S . �\ ash
Cynthia S. Neeves
I HEREUY"CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the C aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me_ 7aiiies P. Neeves, who ig personally known to me or who produced
WITNESS my hoaldd official seal in
day of October, 2011.
.-
My Commission Expires:
v 0/
Ir'12
II r__ c
STATE OF CS -A )�
COUNTY OF t eo )
County and State last aforespad this _JZ—
NOWry Public • State of Florida
My CwnnaaaIM Expeea Jvl 8.201',
Co W fDn a 00 792083
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take aclmowledgments, the foregoing instrument was
acknowledged before me by Cynthia S. Neeves, who is personally )mown to me or who produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this l�
day of October, 2011.
My Commission Expires: Print Name:
CANDY A. xEMP
i? Notary Public. Stale of Flurlda
RB092467:4 12 =y1. f�.'•1 Mr CO
A1:MmInIon Faproa Jen S. 2012
s,��p«� I�dy,IV COmmlsclOn A 00 792963
0on0ed TMaugh Natimul Notary Asst
Page 12 of 18
223
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
,M:1130640.4
13
Book24856/Page
Page 13 of 18
STATE OF 1—LUVU
COUNTYOF IkA V , 4'
gat DWription of Property: Southerly 155.42
et of Lot 2, Replat of Donald B. McLouth
ibdivision, Plat Book 25, Page 67, Public
:cords of Palm Beach County
sW�4wY.."
felly Himmelrich
I HEREBYQEF .W7 Y that on this day, before me, an officer duly authorized in the State
aforesaid and in the Coun df6said to take acknowledgments, the foregoing instrument was
acknowledged before me by "B. Himmelrich, who is personal) w to me or who produced
WITNESS
day of October, 2011.
My Comndssion Expires:
STATE OF " O Y t CVC� )
COUNTY OFT'—v Ivy >e� )
seal in the County "d State last aforesaid this
fJp�e. Notary Public State of Flooea
K Tetl SM911ano
JJj MYDammIuan D08BYY64
�orry Pxpaee 07119/2013
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by Shelly Himmelrich, who is personally known to me or who produced
as identification. — --—
WITNESS my hand and official seal in the County and State last aforesaid this 2TS-
day of October, 2011.
My Commission Expires:
RMs13D640d
Xw
"2"25
14
Print Name:
Rg
NokTen MY CODa02964 �iWt/3
age 14 of 18
[Also known as Tai Parcel Number 2943464PI4040040K by Decd to Elmore dated August,
1991 recorded in Oficial Records Book 86951, Page 15031
Prim Name:
STATE OF _
COUNTY OF
rge nae
/Legal 'ption of Property: Lots 6 and 6A
McLouth Subdivision, Plat Book Page
in the Public Records for Palm Beach
County. Florida
DECEASED
Wilma A. Elmore
L HEREBYRMY that on this day, before me, an officer duly authorized in the State
aforesaid and in the Cou y:2fotesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by b'6. -4e T_ Elmore, who is personally known to me or who produced
a�'stt�'cattaa.
WITNESS my hand a�gd� trial seal in the County and state last aforesaid this 13
day of October, 2011.
p°"% KRISTYN VAPID • T yt
mr rro+ausno
I 1 rtammts:WaoW .zo(r Print Name: fYt3'Stj3� T-rPe/t
STATE OF _
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an offiax duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by Wilma A Elmore, who is personally known to tan or who produced
as identification.
WITNESS my hand and official seat in the County and State last aforesaid this
day of October, 2011.
My Commission Expires:
RM:9097467A
Book24856/Page1226
15
NOT APPLICABLE
Print Name:
Page 15 of 18
EXHIBIT "A"
P rt Sketch Showing the Proposed Replat, and identifying the Access Road, Canal Road, New Road
and North/South Leg]
n> O
e;
t 1
.eM-
" g' `ill I
"r7ew Road"
O L
"Access
-4 Br Road"
"Na h/South
1Rgn
LL,
a;._ .
O 9.
b vwP mama" I
"Canal Road"
"r vwvwv M r
I
' f
Exhibit "A"
i
Book24856/Page1227 Page 16 of 18
EXHIBIT "B"
1. Conceptual Drainage Plan for: Hidden Harbour Estates —Plat Two, dated 4/25/11, last
r79;13/11, Job No. 11025 -ENG, Sheet 1 of 4, prepared by EnviroDesign Associates
r�
2o Civil Site Improvement Details for: Hidden Harbour Estates — Plat Two, dated 6/10/11,
last r�vai d 9/13/11, Job No. 11025-DTL, Sheet 2 of 4, prepared by EnviroDesign Associates
.fin.
. oO Plat dated April, 2011, Sheets 1 and 2
4. J✓,1 reliminary Drainage Plan for Hidden Harbour Estates — Plat Two, dated 4/25/11, last
�r vised 10/7/11, Job No. 11025 -ENG, Sheet 1 of 4, prepared by EnviroDesign Associates
5. `��t ite Improvements Details for Hidden Harbour Estates— Plat Two, dated 6/10/11,
1 t revised 10/7/11, Job No. 11025-DTL, Sheet 2 of 4, prepared by EnviroDesign
As as
6. Civil S`I(a$inprovementsDetails for Hidden Harbour Estates —Plat Two, dated 6/10/11,
last revistelp/7/11, Job No. 11025-DTL, Sheet 3 of 4, prepared by EnviroDesign
Associate��%;;;_„
7. Pollution Pre c va.plan for Hidden Harbour Estates —Plat Two, dated 4/2512011, last
revised 10/7/1 q}o9iilo. 11025 -ENG, Sheet 4 of 4, prepared by EnviroDesign Associates
�i D,
8. Conceptual Lands" an dated 4/29/2011 by Dave Bodker Landscape
Architecture/PlanniSig"; Inc., Job #LA0000999, last revision 10/10/2011
(tel
RM:8130640:4
16
Book24856/Page1228 Page 17 of 18
EXHIBIT "C"
Form of Letter to Florida Department of Transportation
T'@: -.Florida Department of Transportation:
Vn
5oa neighbor who owns real property west of the "Spence Property", which is slated for
ment into 6 separate lots. The developer originally proposed using our existing access
roa
all
private road for ingress/egress to each of the 6 lots. However, that would have
signifig ly and adversely impacted our use, enjoyment and value of our real property, and
woulvcbeen invasive. Instead, we worked with the developer to create an alternative method
of ingr , Oss, whereby a new road (in the shape of a 'T" or "hammerhead") will provide
ingress/e ssAp each of the 6 lots, via a new driveway off of AIA (Ocean Blvd.). We do not
object to tharnative design, creating the new road.
Very truly yours,
�U3f�
ani:8130640:4
17
Book24856/Page1229 Page 18 of