HomeMy Public PortalAboutBird Sanctuary Quit Claim DeedJOKES
FOSTER
JOHNSTON
& STUBBS, P.A.
Attorneys and Counselors
John C. Randolph, Esquire
Direct Dial: 561-650-0458
Direct Fax: 561-650-0435
E-Mail: jandolph@jones-foster.com
February 18, 2004
Mr. William H. Thrasher
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Re: Town of Gulf Stream
Conservation Area
Our File No. 13147.1
Dear Bill:
Fla-ler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach. Florida 33401
Telephone (561) 659-3000
Mailing. Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
You have requested that we review the title to two (2) properties owned by the Town
which are described in the Quit -Claim Deeds recorded at ORB 2620, Page 147 and at
ORB 2620, Page 149, copies attached, to determine what restrictions and easements
are of record. In summary, each of the properties appears to be subject to the
following:
1. The restriction that the property be used perpetually as a bird and wildlife
sanctuary, as set forth in each of the vesting Deeds in favor of the Town.
2. Spoil Disposal Easements in favor of the United States in connection with the
dredging of the Intracoastal Waterway.
3. The Right -of -Way for the Intracoastal Waterway.
4. Street Right -of -Way Easement in favor of the Town.
5. An ingress, egress and access easement over the canal waters.
6. A private roadway easement in favor of Ashbourne Realty and Land
Development Corporation, its successes and assigns.
7. A restriction that no lot shall be sold, used or platted of less than 20,000 square
feet in area.
www.jones foster.com
Mr. William H. Thrasher
February 18, 2004
Page 2
You also asked us to determine the binding effect of the restriction referenced in Item
No. 1 above.
By accepting the Deeds subject to the covenant that the property be used perpetually
as a bird and wildlife sanctuary (such acceptance being evidenced by the Mayor and
Town Clerk's signature at the bottom of the Deeds), the Town has agreed to be bound
by the covenant. The fact that the covenant contains no reverter clause does not
diminish the binding effect of this covenant upon the Town. The fact that the covenant
contains no reverter clause goes merely to the manner of enforcement of the covenant
upon a breach thereof. In this case, since there is no reverter clause, the person
entitled to enforce the covenant would have to resort to judicial remedies (most likely,
injunctive relief), as opposed to automatic forfeiture of the estate granted.
The more interesting question is who would be entitled to enforce this restriction. This
question turns on whether the grantor intended that the benefit of the restriction run in
favor of the grantor personally, or whether the grantor intended that the restriction inure
to the benefit of certain adjacent properties retained by the grantor whose value would
be enhanced by the restriction. If it is the former, the benefit would be personal to the
grantor and could only be enforced by the grantor, and presumably its heirs. If it is the
latter, the benefit of the covenant is said to "run with the land", and the right to enforce
would inure to the successors -in -title of such benefited land.
On these facts, we conclude that the benefit of the covenant was intended to be
personal to the grantor (and therefore enforceable only by the grantor and its heirs)
because the Deeds do not specifically provide for certain land to be benefited, and,
more significantly, when referring to the property burdened by the covenant, the Deeds
refer to the Town and "its successors and assigns forever", but, when referring to the
grantor, the Deeds omit the words "successors and assigns". Courts regard words such
as "successors and assigns" as clear indicators of whether or not the benefits or
burdens of the covenants were intended to run iidii.it i.iiC !and. ....,8 Washingtonian
Apartment Hotel Company v. Schneider, 75 So. 2d 907 (Fla. 1954), copy attached.
The restriction does not prevent the Town from selling or leasing the property; however,
if the Town were to do such, we would recommend that the Town incorporate the same
restriction into the deed or lease and require the grantee to execute the same, just as
was done when the property was conveyed to the Town. This way, the grantee
acknowledges that it is taking title subject to this covenant and is making a promise to
the Town that it agrees to abide by the covenant.
The fact that these Deeds are Quit -Claim Deeds, as opposed to Warranty Deeds, would
have no effect on the above analysis.
Mr. William H. Thrasher
February 18, 2004
Page 3
Finally, we note that the covenant provides that it is intended to be perpetual in duration.
The Marketable Record Title Act would not become applicable until, at the earliest, 30
years after a subsequent conveyance of this property which does not specifically
reference the covenant.
Please call me if you have any questions or would like to discuss this matter further.
Sincerely,
JONES,
:w- STER, JOHNSTON & STUBBS, P.A.
John C. Randolph
JCR/ssm
Enclosures
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This lr�kraraect Uns ProaareA By
G. NORMAN OTTO
BYRD, DEVITT, OTTO & BICKEY. P.A.
139884 — QUIT CLAIM DEED P. O. BOX 1927
DELRAY BIEACH, FLA. 33444
THIS INDENTURE, Made this �'� day of December, A. D.,
1976, between HAROLD F. JOHNSON FUND, INC., a corporation existing
under the laws of the State of Delaware, Party of the First Part,
and TOWN OF GULF STREAM, a municipality, of the County of Palm
Beach and State of Florida, Party of the Second Part,
WITNESSETH, that the said Party of the First Part, for
land in consideration of the sum of Ten ($10.00) Dollars, in hand
paid by the said Party of the Second Part, the receipt whereof
is hereby acknowledged, has remised, released and quitclaimed,
and by these presents does remise, release and quitclaim unto the
said Party of the Second Part and its successors and assigns
forever all the right, title, interest, claim and demand which
the said Party of the First Part has in and to the following
described lot, piece or parcel of land, situate lying and being
in the County of Palm Beach, State of Florida, to wit:
A parcel of land in Section 9, Township 46 South,
Range 43 East, Gulfstream, Palm Beach County,
Florida, bounded as follows:
On the North by the Westerly extension of the North
line of Lot 7,- Golf'Course Addition, according to
the Plat therof on file in the office of the Clerk
of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 10, page 75;
on the East by a line 2.69,28 feet Westerly from the
Southwest corner of Lot'6 of said Golf Course Addition
measured along said Westerly extension of the North
line of Lot 7 and extending Southerly at right angles
to said North line of Lot 7; on the West by a line
300 feet Westerly from and parallel to said Easterly
boundary line; and on the South by the South face of
the concrete seawall as now constructed and in use
along the North boundary of the canal, less the
North 29 feet thereof.
SUBJECT to restrictions, reservations and easements of
record; Zoning and/or other restrictions imposed by
Governmental authority, and taxes subsequent to
December 31, 1975.
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TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest and claim whatsoever
of the said Party the First Part, either in law or equity,
to the only proper use, benefit and behoof of the said Party of
the Second Part, its successors and assigns forever. for the
exclusive purpose of restricting the use of the property
perpetually as a bird and wildlife sanctuary.
1116i°`-`2620 FA E 14'7
L �,
IN WITNESS WHEREOF, the said Party of the First Part has
caused these presents to be signed in its name by its President,
and its corporate seal to be affixed, attested by its
Secretary, the day and year above written.
Signed, sealed and delivered
in our presence:
a �
i )
HAROLD F. JOHNSON FUND, INC.
a Delaware corporation I
Harold F. Johnsdn,President
Attest:.e�c,C
Cecile J son, Se •' -:j
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH 0r1 x"f'>'
I HEREBY CERTIFY that, on this �C day of
before me personally appeared HAROLD-F. JOHNSON and CECILE'
JOHNSON, respectively President and Secretary of HAROLD F.
JOHNSON FUND, INC., a corporation under the laws of the State
of Delaware, to me known to be the persons described in and who
executed the foregoing conveyance to TOWN OF GULF STREAM,
a municipality, and severally acknowledged the execution thereof
to be their free act and deed as such officers, for the uses
and purposes therein mentioned; and that they affixed thereto
the official seal of said corporation, and the said instrument
is the act and deed of said corporation.
WITNESS my signature and official seal at Delray Beach
in the County of Palm Beach and State of Florida, the day and
year last aforesaid.
Notary, -Public
Mal. My Commission Expires:
RotAty Fu51it, State of flo-is'z et LA -
My C,)mrri.w)n Expirct Scrt. 13r 1"0'.
ACCEPTANCE OF DEED OF CONVEYANCE ba.z By nm.:. Me a t„,.uY t*m;.ei
KNOW ALL MEN BY THESE PRESENTS, that the TOWN OF GULF STREAM
does hereby approve and accept the aforesaid Deed of Conveyance
to the above -described real property and the terms. conditions
and appurtenances relating thereto.
IN WITNESS WHEREOF, the TOWN OF GULF STREAM has executed
these presents, this ,Xo day of December, 1976.
TOWN OF GULF STREAM,
a municipali,�y,,7
Attest: -.. (j _kty, By:
Town Clerk T
Record Verified
U'r•A 2620 FAH 148 Palm Beach County, Fla.
John B. Dunkle
II Clerk Circuit Court
r
(Seal)
This 1s:tiuraeui VIDE Prepared 07
G. NORMN OTTO
139885 BYRD, DEVITT, OTTO & McKEY. P.p,'
QUIT CLAIM DEED P. 0. COX 1927
DELRRY CEACH, rLA. 33444
THIS INDE;.ITURE, Made this
� _- day of December, A. D.,
1976, between HAROLD F. JOHNSON, joined in the execution
thereof by his wife, CECILE JOHNSON, of the County of Palm Beach
and State of Florida, Parties of the First Part, and TOWN OF
GULF STREAM, a municipality, of the County of Palm Beach and
State of Florida, Party of the Second Part,
WITNESSETH, that the said Parties of the First Part, for
and in consideration of the sum of Ten 010.00) Dollars, in hand
(paid by the said Party of the Second Part, the receipt whereof
is hereby acknowledged, have remised, released and quitclaimed,
and by these presents do remise, release and quitclaim unto the
said Party of the Second Part and its successors and assigns
forever all the right, title, interest, claim and demand which
the said Parties of the First Part have in and to the following
described lot, piece or parcel of land, situate lying and being
in the County of Palm Beach, State of Florida, to wit:
(See Attached Exhibit A.)
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest and claim whatsoever
of the said Parties of the First Part, either in law or equity,
to the only proper use, benefit and behoof of the said Party of
the Second Part, its successors and assigns forever, for the
exclusive purpose of restricting the use of the property
Derpetually as a bird and wildlife sanctuary.
IN WITNESS WHEREOF, the said Parties of the First Part have
iereunto set their hands and seals the day and year first above
mitten.
signed, sealed and delivered
.n our presence:
Harold F. Johnson
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(SEAL)
Cecile John n
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pi:C:� Ei['LL2620 WE 149
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I HEREBY CERTIFY, That, on this day, personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, HAROLD F. JOHNSON, joined in the
execution thereof by his wife, CECILE JOHNSON, to me well known
to be the persons described in and who executed the foregoing
instrument and they acknowledged before me that they executed
the same freely and voluntarily for the purposes
therein expressed.
WITNESS my hand and official seal at Delr�a�yp Beach, County
of Palm Bach, and State of Florida, this
A. 7;5 day of
D. , 1976.
Seal.
.L-
Notary. u is
My Commission Expires:_ ___ _
9018ry Nb$t, sla a of �1osila of f-'�
N,y Commission ExpirEs Sept. 13. 10ft
f-dld sy'�m Ii FIn 6 C910"V 1;0' wr
ACCEPTANCE OF DEED OF CONVEYANCE
KNOW ALL MEN BY THESE PRESENTS, that the TOWN OF GULF STREAM
does hereby approve and accept the aforesaid Deed of Conveyance
to the above -described real property and the terms, conditions
Iand appurtenances relating thereto.
IN WITNESS WHEREOF, the TOWN OF GULF STREAM has executed
these presents, this _)� ! day of December, 1976.
TOWN OF GULF STREAM,
a municipWiLi�,
Attest: I By:
Town Clerk May
o STATE of FLORI�DAI
DOCUMFNTARY STAMP TAXI
DEPT. UF REVENUE
PA—DEC22'76 >C1��= 010524 0. 30 I
tirrlf:�t�
uc2620 FACE 150
�t_
(Seal)
0
The following property. is being conveyed in a Quit Claim
Deed from Harold F. Johnson, joined in'the execution thereof
by his wife, CECILE JOHNSON, to the TOWN OF GULF STREAM,
a municipality, of Palm Beach County, Florida.
EXHIBIT A
A parcel of land lying in Section 9, Township 46 South,
Range 43 East, Gulfstream, Palm Beach County, Florida,
said parcel being more particularly described as follows:
Commencing at the Northwest corner of Lot 7, Golf Course
Addition, according to the plat thereof on file in the
office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 10,
page 75; thence due West (assumed) along the Westerly
extension of said North line of Lot 7, Golf Course Addition,
a distance of 81.28 feet; thence due South, a distance
of 25.34 feet to a point in the South line of a right of
way deed, as recorded in Deed Book 1094, page 189, Public
Records of Palm Beach County, Florida, said point also
being the Point of Beginning of the parcel to be herein
described; thence continue due South, a distance of
179.72 feet; thence due West, a distance of 816.81 feet
Intracoastalto a point n
Waterway; thence the Easterly gNorth 8' East, alonght of way line of saidEasterly right of way line of the Intracoastal Waterway,
a distance of 207.07 feet; thence due East, a distance
of 148.79 feet; thence due South, a distance of.29.0 feet;
thence due East, a distance of 608.0 feet to a point of
curvature of a curve concave to the North; thence Easterly
along the arc of said curve, having a radius of 135.0 feet
and a central angle of 13° 22' 02", a distance of 31.50 feet
to the Point of Beginning of the above described parcel,
less the following described parcel:
A parcel of land in Section 9, Township 46 South, Range 43
East, Gulfstream, Palm Beach County, Florida, bounded as
follows:
On the North by the Westerly extension of the North line of
Lot 7, Golf Course Addition, according to the plat thereof
on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recorded in Plat Book 10,
page 75; on the East by a line 269.28 feet Westerly from the
Southwest corner of Lot 6 of said Golf Course Addition measured
along said Westerly extension of the North line of Lot 7 and
extending Southerly at right angles to said North line of
Lot 7; on the West by a line 300 feet Westerly from and
parallel to said Easterly boundary line; and on the South
by the South face of the concrete seawall as now constructed
and in use along the North boundary of the canal, less the
North 29 feet thereof.
SUBJECT to restrictions, reservations, and easements of
record; Zoning and/or other restrictions imposed by
Governmental authority, and taxes subsequent to
December 31, 1975.
Record Verified
Gat "'" 2620 FACE 1JL Palm Beach County, Fla.
John B. Dnnkle
Clerk Circuit Court
WASHINGTONIAN APARTMENT
HEADNOTES
HOTEL CO. V. SCHNEIDER
75 So.2d 907 (Fla. 1954)
Headnotes 0 Opinion •
Cases Citing This Case
Supreme Court of Florida, Special Division
B.
WASHINGTONIAN APARTMENT
HOTEL Co., a Florida corporation, and
Gladwin Corporation, a Florida corporation,
Appellants,
V.
Rose SCHNEIDER, Gertrude Schneider and
Fred Schneider, Appellees.
Nov. 16, 1954.
Rehearing Denied Dec. 13, 1954.
SYNOPSIS
Suit for mandatory injunction to compel
owners of certain property to remove portion
of building which was being constructed in
violation of restrictions in deed. The Circuit
Court, Dade County, M. C. Wiseheart, J.,
entered decree granting judgment for
damages and, in default of payment, the
requested injunction, and defendants
appealed. The Supreme Court, Thomas, J.,
held that recital in deed that 'the grantor
consents to the erection by the grantee, its
successors or assigns, of a building or
buildings', subject to certain [X908]
restrictions beneficial to adjoining tract of
land, indicated that grantor was creating
benefit for himself alone, and that covenant
was not intended to attach to the property
and follow it for benefit of subsequent
grantees of the adjoining tract.
Reversed with directions to dismiss with
prejudice.
L11 Covenants 49
108 ----
108H Construction and Operation
108H(C) Covenants as to Use of Real
Property
108k49 Nature and Operation in
General.
Covenants in deeds restraining the free
use of real property are to be strictly
construed in favor of the grantee, and
substantial ambiguity or doubt must be
resolved against the person claiming the
right to enforce the covenant.
[21 Covenants 69(2)
108 ----
108I1 Construction and Operation
108II(D) Covenants Running with the
Land
108k69 Covenants as to Use of Property
108k69 2 Buildings or Other Structures
or Improvements.
Recital in deed that "the grantor consents
to the erection by the grantee, its successors
or assigns, of a building or buildings",
subject to certain restrictions beneficial to
adjoining tract of land, indicated that grantor
was creating benefit for himself alone, and
that covenant was not intended to attach to
the property and follow it for benefit of
subsequent grantees of the adjoining tract.
M Injunction GEw5
212 ----
212I Nature and Grounds in General
212I(A) Nature and Form of Remedy
212k5 Mandatory Injunction.
Mandatory injunctions are not favored
by the courts.
Copyright 0 West Group 2003. No claim to orginial U.S. Govt. works.
W Injunction 208
212 ----
212VI Writ, Order, or Decree
212k207 Final Judgment or Decree
212k208 In General.
In suit for mandatory injunction to
compel owners of certain property to remove
portion of building which was being
constructed in violation of restrictions in
deed, decree granting judgment for damages
and, in default of payment, the requested
injunction, was defective in that the
equitable relief became incidental to the
award of damages.
COUNSEL
[*908] Harold Taxmen, Miami, for
appellants.
Nathanson, Oka & Spaet, and A. Daniel
Killian, Jr., Miami Beach, for appellees.
OPINION
THOMAS, Justice.
The appellants challenge a decree
entered in appellees' favor in a suit by the
latter to secure a mandatory injunction to
force the removal of a portion of a building
that was being constructed within ten feet of
the common line.
The chancellor ordered the appellants to
pay to the appellees approximately
twenty-two hundred dollars damages, costs
and fees and decreed 'that should the
defendants (appellants) fail to pay the
sums within the time prescribed (ten days)
then the defendants (appellants) are ordered
to remove those portions of the building
which encroach in the area
adjoining tracts by mesne conveyances from
a common grantor. In the deed to appellants'
predecessor in title there was incorporated
the following 'recital': 'The Grantor consents
to the erection by the grantee, its successors
or assigns, of a building or buildings upon
the above described property provided that
the same shall not be closer than ten (10)
feet to the easterly line of said property.'
The property to the east is now appellees'.
The main building now being built by the
appellants is not within ten feet of the line
but a porch is within that distance.
jll It is the rule recognized by this Court
in Moore v. Stevens, 90 Fla. 879, 106 So.
901 904, 43 A.L.R. 1127, that such
covenants, restraining the free use of real
property, are to be strictly construed in favor
of the grantee and 'substantial ambiguity or
doubt must be resolved against the person
claiming the right to enforce the covenant.'
j2l The appellants argue that the terms
'successors or assigns' modify the word
'grantee' and that the sole word 'grantor'
without reference to successors and assigns,
'indicates clearly that the grantor was
rrPatipg a benefit for itself alone' and that
[*909] the covenant was not intend= tcuur�
,, j the land.
We think the �ea
. If the
grantor proposeant that
would attach tothe property and follow the
property for the benefit of the subsequent
grantees of the adjoining tract it had but to
provide that it did so for itself and its
successors and assigns. The fact that such
provision was made for the grantees of the
tract involved and its successors and assigns
emphasizes the absence of such a provision
for the grantees and assigns of the adjacent
tract. C£ Burdine v. Sewell, 92 Fla. 375,
109 So. 648.
From the pleadings and the evidence the Further, following the rule requiring
salient facts appear simple. The strict construction of such covenants, we
become concerned with that part of the
parties -appellant and appellee acquired
'recital' upon which the provision depends.
Copyright 0 West Group 2003. No claim to orginial U.S. Govt. works.
The grantor 'consents' to the erection of a
building on the property, a permission that
amounts only to empty words. To hold the
restriction good, we would have to strike all
the recital except the qualification and make
it mean that the original grantee, its
successors and assigns were bound, on
behalf of the grantor, its successors and
assigns to construct no building if any part
of it would be within ten feet of the line,
when, as we have said, the successors and
assigns of the grantor were not mentioned.
Perhaps that was the purpose but such an
interpretation would require us to reframe a
restriction that is ambiguous.
( ]M We find fault, too, with the form
of the decree. Mandatory injunctions are not
favored by the courts. Johnson v. Killian,
157 Fla. 754, 27 So.2d 345. In that case,
which resembles the present one, we held
that the relative conveniences would be
weighed and if it were found that the cost of
removal of an encroaching building was
great and the corresponding benefit to the
adjoining owner small, the mandatory
injunction would be denied and the
complaining party would be left to his
remedy at law. Cf. Robinson v. Feltus, Fla.,
68 So.2d 815.
We have not been able to reconcile the
present decree with the decisions. The
appellees were not denied a mandatory
injunction and relegated to a court of law for
relief. Their primary relief was a judgment
for damages and the mandatory injunction
was ordered upon appellants' failure to pay.
It does not appear that the award was
'incidental' to the equity jurisdiction under
the familiar principle that once jurisdiction
is vested in the equity court, the whole
controversy will be determined there.
McGriff v. McGill, Fla., 62 So.2d 28. On
the contrary the principal relief was the
judgment for money damages and the
equitable relief was to follow only upon
default of the appellants, so the equitable
relief became 'incidental.'
We are convinced we must reverse the
decree.
Reversed with directions to dismiss the
bill with prejudice.
ROBERTS, C. J., and TERRELL and
DREW, JJ., concur.
Copyright 0 West Group 2003. No claim to orginial U.S. Govt. works.
'-ty, 6.2005 1 : 4 2 P V JONL 'rO';FR i0'ti5 0% & �'vv�v ti0.98j �. 2
wAM MAW
STMMT
MRS USMW 1UD, We this AA day of December.
195A, 6eti+esa X_ WARD mad .MUD. ..)..-a9. h: S Uzi fe,
and pnaQU V, IMM and M11430 , his wife. ss parties
of the first part, and , a munioipal cor-
poration in Palm Beach Count:`, State of Florida, as party of
toe socva+I part,
[ilTtir5=. That said parties of the first part, for
end in eonsideratiaa of the 9= of One DD114T (41•0o) and other
valuable considerations, paid, receipt of which is hereby ac-
knvwledgad, do hereby grant, revise- releass, quit claim and
convey unto the paw? at the second part, its successors snd
assigns, all right, title, interest. claim ul deman-i which
the parties,of the first Dart have in and to the following :es-
cribad land. nituete. lying and being in the Tour, of Cnllf
Stress►, Palm Deaoh County, state of Florida, to -wit:
r
A yarcel of land in Sections '3 and 10, Town4hip
Fl South, ore articularly describedaah Cas °o11oWs:
Flo -ids
Beginning at the intersection of the west right
of warline of the Ocean Boulevard vitb a line
parallel to, cud 29 feet anz"tberly grew (twasured
at right angles) the south l.;ae of iot bi Gel'
Course- Addition, according to the pl.at
records
eof
recorded in Plat Book 1C, pagv e
of Valb9aach county, Florida, said west line
of--tba-emn Boulevard .being_the east line of
said Lot'6; theme westerly. along said.parallel
1i=�dieteacs of b21.S2 feet, more or less,
to a point in the west.line-of said-� 6; thence
dis-
continue along the same course ��ecfys curve
taws_ at 1.09 feet to tho beginning
13i�f ettan3 a o ntral apB a off `�8Of
thence
,sets tn- GUM& t- be are of said
fence o! 65.66 feet to a pofnf of-s�se cur-
vatura;_ thanes westerl y. along the ar�us a curve
Q O=Oevt to the north, and having a
105 fast dad a oaatral angle of 27�57r a
distaa� of 51.22 feet to the end of sa-to cUrvo;
thence aestsrly, along a -.line paral2ar-to.
ane foot north of, the vssterly extension of the
1F a::. �c`G' ram.-...-....•.
.w - .a-.: jam. �:�..:..,.••,-r .c.•: 'v,; �yo„'�•.
�1
south lion of salii lot 6, a dis&awe a- roe
foot; tunas 4%tbwly, at riot as to
tlrs yreesding aoww, ■ aistawo of ose foot
to a point in 844 YeatIrl� exi- --1Aloa 1 t110
M�
fotith lip -of Mid LOj b,MWUW VA
__� the eftmusstt
l-�� sore ar
oosnsr of -Mid Lot 6; thme nortbar
0, tiettto theopoiai oft 5 s d,#tsnte
#rl 411
1 el 'of land in $actions 9 and 10. Tovn-
Pal
RWW 41 Bast, a
COunt77,' Ilorih, sore partiaularly described
as follaea:-
esgiming at the, Werseation of the vast
zfgtet ail-U..;IM iu of the Oesen S00101ard with
one foot southerld at right amles) the naatbi
Iiaa erj iW W!r Course Addition according
to the plat reof "Corded in plat Book 10.
Pegs ,7%_publie Rsoords of Pais Death Couuty,
nor Cos vest line- of the oceaa--Be�rler
beiml,g the east Iine-of said Lot 7; theme we-
terly!, alpmg sai�.paralUl ling, a distance of
620-M- fie&-, aetoer- less, is_ a_-� in- the
vast line of said Lot 7. said point 10108 the
point sg-�ds�of a ourzs e�_ to the
South lad naving • orIWfeet an
a aeniral angle a?VO 579; thence westerly,
s1ass o/ said eurre, a: A
51.xZ feet to a pointt of ruse CUrVatUre,
thence weetarly aleaff the are of a>turte.Cor-
eatthr haYi rehime of 135
feet and "entral angle Of 27 57r, a dist"00
of 65.&6..-set to the end of said cure: tbsenoe
' along s line, and 29 feet
Met
soft o tho westerly extension -.of the north
lina-ar,_sa3d.Lot 7, a distance of 608 feat;
tbmave nin_ortherly; at rf6U s Pre
-
eadir4 eaurae. r distaaae oI 9 foot 3o a point
�. � wok jow-u the -north line Of
Sot 7; thenoo easterly, along said -may
extension and along the north line of said less
7, a`d1+ of.-13"t feet,
to tAe northeast Corner of said Lot 7: thsaoe
eouthsslg,..aloflg the east line of said inning.
a dis&anaa of 1.8 to the pail& beg
This daei-sale for the pnrpose of Slung end grant-
ing unto the Tan of ulf Stream. 110rida, its enneeseorn and
efielos, a right of vsy and easasent in lad to said We for
puhlie street aa'L--kf9bmxrP3rP►. ' ounted and
delivered with tbs-esVess.undsrstanding and condition that
shanld the sass am be diaeontinnad or abandoned ss a poblie
VriVI 1U117 1 :4jFIV ju%E� WU' i B JUHlVJ Uiti & I i Ublkl�
1
street CT bigb1my. the title to the ea,,a shall thereupon revw,,t
to and r8vc;t a.s to Tract 1 in M. Seward idsb:a, h:,, hairs or
assi®aa. and t" to Tract t-shall lher®upea rdTr.rt to ¢nd
ravest is Parold t. Tohnsou, his heirs or assigns.
The gra-ators, for thaxselvee, their heirs and asaigurs 1
do hereby reserve all eueh rights and privileges as may be ueod
and enjoyed rrMftt interfering faith or abridging the righta and
aasaaents h*jm sy-aonvayed to the Town of Gulf Str-sm, Florida,
fov public street purposes.
The grantors herein eased do further convey ell right,
title, claim or i4t9rast which either of them may have fa and
to that certain water main, fire plugs, hydrants, valves and
other Water installatiofla Which are aov constructed within or
under the above described lands, or which may be placed vithin
the boundaries ai*the ebova_described lands, to the Town of
Gulf Stream. Florida,
And the Town of Gulf Stream, by the acceptance of this
cited, agrees tomainte-ik-the- M44 vatar aeiF iastallatiaa, ct
the expense of the -Town, and ,rill give water 3erv5ce to the
abutting property on the same basis as other water users in
the ;own.
Aa_e-further oonaideration and inducement for the Town
accepting this riot of way deed, the grantors agree that they
will cause to be constructed, at their expense, a good and
aufficient roe and oiled psvMFent, eig)vteen feet Yi4e, withir
the boundaries a-aaid right of way -
TO HAW AND TO HDLD THE SAn, together vith all and
singular the appurtenances thereto belonging or in anywise inci-
dent or aW��o and all the estate, right, tit'••., interest
and alai,, whatsoever of the said parties of the first part, in
law or is equity to the only proper use, benefit, end behoof of
the acid party of the second part, its suacesacra an+ aesigus.
0
,';yv. C. 2Uu7 1:44rvl
Jul%LJ tUJ!tK JU"ItiJ•,U'V & i UDb J
Nu. y0)
r.
t ..oia muss of W tirst vast
haw heroarito at their bads ind seals the &ate first awn
written.
Signed, end and deuvered
is tbs yrrxsso+ Ott
1
STAn OK nail,
COMM OF ?AIX MXU
Fefore so personally 'appeared If, 5i**im km avd
mm-M 0, VM, his Wife, to at yell known ead.1rn*w-}o ao
to be two of tba indi+idnal.s described in end Who executed the
foregoing `_nstrswat. and aaknowledged before M that they
exeouted the ease for the purposes therein expressed.
WjrfiW ay` bed estd offiaisl-sasl this- day of
• •Oaoaober, A. 'J. 19'il.. � _ � _
"Itary nbli4
r aogaissiou expires:
SFAL +.s.ewvwW.0�, 2t++"
UVM C..r it K
STATE OF ?LDRIAA
wiN Y 07 PAIR W-UH
&afore r.� ➢sreauallr appe xol.D-P. jOmw$ aid
aclu dOiT,' his wife, to me Well )noun and known to a@ to
be two of the izdiridusls desoribed is end Who O=eeuted the fore-
going instrwat, ad ankumledged before its that they executed
the sum farribe- thaseilez,'cOssed.
WITM air- hand and off ioial seal tbid- .a�.� da of
;f ... �A.L195C
scion expirbst
f.y ,�tM.la�awv�►4N.
Rita Taylor
From:
Bill Thrasher
Sent:
Friday, March 28, 2014 2:00 PM
To:
Rita Taylor
Subject:
FW: Hidden Harbour Drive
Please let Danny know your thoughts.
From: Danny Brannon[mailto:DBrannon@BnGEngineers.com]
Sent: Friday, March 28, 2014 1:29 PM
To: Bill Thrasher
Subject: Hidden Harbour Drive
Bill,
In reviewing the records on Hidden Harbour Drive, it appears that the street was conveyed via easement deed
per BK 1094 PG 189 to the Town with the requirement that the Town take responsibility for the existing
utilities and pave the roadway. Language appears to " grant, remise, release, quit claim and convey" "all right,
title, interest, claim and demand which the party of the first part have".
In the property appraiser maps, the section of Hidden Harbour Drive along the south side of the Seaside
Builder's new plat is shown as dedicated road right-of-way.
The Town properties south of the Hidden Harbour Plat are depicted on the appraiser's site as including the 30
foot road way, but on the deeds (BK 2620, PG 147 & 149) the property does not include the roadway.
Furthermore, in 1998, Nancy & Carl Touhey transferred her property to her trust and the description of her
property included that portion of hidden Harbour Drive lying south of Hidden Harbour Plat.
Do you have any other records or knowledge as to ownership of the roadway.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLc
Consulting Engineers
631 US Highway One, Suite 301
North Palm Beach, Florida 33408
Off: (561) 847-4435 Cell: (561) 307-9454
Website: www.BnGEngineers.com
Minutes of Meeting,of the Town of'Gulf Stream, Florida held on
Saturday, May 14th,1955 at 10 a.m. at the Town Hall
page two
There was presented and read a STREET FIGHT OF WAY EASEMENT DEED
from `- Seward Webb a d Gertrude G. Webb his wife, and Harold F.
Johnson and Cecile Whnson, his wife, conveying to the Town of Gulf
Stream, all right, title, interest, claim and demand on land situated
lying and being in the Town of Gulf Stream as descrited in the STREET
RIGHT OF WAY EASEMENT DEED, Upon motion by Commissioner S.B. Iglehart,
seconded by Commissioner N.J. Clarke, it was unanimously voted to
accept the above referred to deed.
There was presented and read, a proposed Ordinance Titled:
1955 REVENUE AND TAXATION ORDINANCE
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM FLORIDA,
PROVIDING FOR OBTAINING REVENUE BY TAXATION OF ALL REAL AND PERSONAL
PROPERTY WITHIN THE TOWN LIMITS OF THE TOWN; AND PROVIDING A COMPLETE
AND ORDERLY PROCEDURE FOR ASSESSING LEVYING, COLLECTING, ENFORCING
COLLECTION OF DELINQUENT TAXES; ISS�ANCE AND SALE OF TAX SALE CERTI*
FICATES• THE RATE OF INTEREST SAID TAX SALE CERTIFICATES SHALL BEAR,
THE NMTAOD OF REDF21TMON OF TAX SALE CERTIFICATE; THE ENFORCEMENT OF
TAXES THROUGH THE ISSUANCE OF TAX DEEDS; THE METHOD AND FORM OF
ISSUING TAX SALE CERTIFICATE:S AND TAX'DEEDS; AND REPEALING ALL ORDIN*
ANCES IN CONFLICT WITH THIS ORDINANCE..
Upon motion made by Commissioner N.J.Clarke, seconddd by Commissioner
S.B.Iglehart, it was unanimously voted that the above read ordinance
be passed on its first reading.
The Commissioners unanimously approved the purchase of a new modern
combination xxmt siren and blinker light for installation on the new
Police Car,
Town Clerk Bauer brought up the fact that the Tentative Budget sub-
mitted at the April 19th meeting, had been revised and after allowing
for the 4% discount on promptly paid traxes, 13 1/2 mills would not
be sufficient. On motion duly made, and seconded the Commission
unanimously voted"to accept the final budget requiring 14 mills
instead of 13 1/2.
The Commissioners discussed the adoption of a Building Ordinance,
Town Clerk Bauer stated he had been informed that the majority of
Towns and Cities in Palm Beach County were going to adopt the
Southern Standard Building Code plus certain alterations as would
apply to Palm Beach County, It was voted, seconded and unanimously
approved that tha Town of Gulf Stream adopt such corrected Code
which should be agreed upon by all Towns and Cities within the next
six weeds. Mr. C.Y. Byrd to be instructed to draw such ordinance..
The Commissioners unanimously approved the renewal of their Fire
Agreement with the City of Boynton Beach, Florida at a yearly fee of
41,000.00 from April 18th,1955 to April 8thI19560