HomeMy Public PortalAboutPRR 15-1762RECORDS REQUEST (the "Request ")
Date of Request: 1127/2015
Requestor's Request ID#: 1017
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: STOPDIRTYGOVERNMENT, LLC
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide a copy of the Title Search and any related documents regarding
the "Polo Plat" as referred to in the 19th entry on page 5 of Invoice No.
177399 (File No. 13147.00001), dated December 31, 2014.
ADDITIONAL INFORMATION REGARDING REQUEST:
Attached is page 5, of Invoice No. 177399 (File No. 13147.00001),
slated necpmher 31, 2n14_
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE
ORIGINAL ELECTRONIC FORMAT
IN WHICH THEY WERE CREATED OR RECEIVED.
SEE 5119.01(2)(F).
FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC
FORM, IT IS REQUESTED THAT THIS
RECORDS
REQUEST BE FULFILLED
ON 11 X 17 PAPER. NOTE: IN ALL CASES
(UNLESS IMPOSSIBLE) THE COPIES
SHOULD
BE TWO SIDED AND SHOULD
BE BILLED IN ACCORDANCE
WITH
Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.07f 1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN ]'HE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION wi TH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES."
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requester approve of any costs, asserted by the Agency (as cleaned in Florida Statute, Chapter 119.01
(Definitions)), In advance of any costs Imposed to the Requester by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES ".
I/P/NP/FLRR
1.12.2015
Jones, Foster, Johnston & Stubbs, P.A.
Town of Gulf Stream
December 31, 2014
Town of Gulf Stream - General
Invoice
No. 177399
12/03/14
File No. 13147.00001
0.30
JCR
12/03114
Page 3
FOR PROFESSIONAL SERVICES RENDERED:
JCR
4
DATE
DESCRIPTION OF SERVICES
HOURS
INDV
11/23/14
TELEPHONE CALL WITH KELLY AVERY
0.20
MMM
11/24114
MEETING WITH KELLY AVERY
2.50
MMM
12/01/14
TELEPHONE CALL WITH KEY AVERY
0.20
MMM
3 12/02/14
REVIEW PUBLIC REC ZDI EQUESTS & COMPLIANCE
0.30
KWR
0IVE
AND REVIE ETTER FROM M. DAHLMEIER
0.20
JCR
WITH K RIZZARDI
0.30
MMM
12/02/14
TELEPHONE CALL WITH KELLY AVERY
0.20
MMM
12/03/14
TELEPHONE CONFERENCE WITH K. AVERY RE PUBLIC
0.30
JMO
ATTENTION TO UBLI ECORDS RESPONSES
RECORDS REQUESTS AND RESPONSES
JMO
12/03/14
TELEPHONE CONFERENITH KAVERY RE: PUBLIC
0.40
KWR
7
2/03114
REVIEW PUBLIC f ZORDS REQUESTS 8 COMP11ANr�
0.30
KWR
12/03/14
OFFICE CONFERENCE WITH K. RIZZARDI
0.30
JCR
12/03114
RECEIVE AND REVIEW A PB AGENDA
0.20
JCR
4
12/04114
CONFER WITH K. TMANN AT DELRAY
0.20
JMO
12/04/14
TELEPHONE CALL W T R
0.20
MMM
r
'12/051:14
REVIEW CORRESPONDENCE FROM BERGER'S OFFICE AND
0.40
JMO
>
FROM TOZIAN RE MORGAN AUTHORITY TO SUBMIT UPL
COMPLAINT TO FLORIDA BAR; CONFER WITH ASSOCIATE
GARDNER RE SAME
12/05114
ATTENTION TO UBLI ECORDS RESPONSES
0.20
JMO
12/05114
RECEIVE AND REVIEW RESEARCH ASSIGNMENT REGARDING
0.20
KAG
MAYOR AUTHORITY,
12/05114
OUTSIDE CONFERENCE WITH PLAINTIFF'S COUNSEL
4.50
JMO
ti
12/05114
CONFER WITH D�L�Y BEACH RE PUBLIC RECORDS
0.20
JMO
12/05/14 TELEPHONE CONFERENCE WITH RITA TAYLOR 0.20 JCR
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 30, 2015
Stopdirtygovernment, LLC [mail to: records @commerce- group.com]
Re: GS #1756 (1011), #1762 (1017)
Provide copies of all files and other documentation regarding the Joel Chandler Settlement as
referred to in the 6th entry on page 4 of invoice no. 177399 (fi'le no. 13147.00001), dated December
31, 1014, which tookplace between January 1, 2014 and the date ofthis request. Attached is page
4, of invoice no. 177399 (file no. 13147.00001), dated December 31, 2014.
Provide a copy of the Title search and any related documents regarding the "Polo Plat "as referred
to in the 19th entry on page 5 of invoice no. 177399 ale no. 13147.00001), dated December 31,
2014. Attached is page 5, of invoice no. 177399 (file no. 13147 00001), dated December 31, 2014.
Dear Stopdirtygovemment, LLC [mail to: recordsna,commerce- eroup.coml,
The Town of Gulf Stream has received your public records requests dated January 27, 2015. If
your request was received in writing, then the requests can be found at the following link:
hU: / /www2.gulf- stream. or¢ /WebLink8 /0 /doc /35266/Paeel.asnx and ht_pt : / /www2.eulf-
stream.ore/WebLink8 /0 /doc /35278 /Paeel.aspxx. If your request was verbal, then the description
of your public records request is set forth in the italics above. Please refer to the referenced number
above with any future correspondence.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. The Town will use its very best efforts to respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk, Custodian of the Records
Filing # 12640354 Electronically Filed 04/17/2014 03:02:13 PM
TOWN OF GULF STREAM,
Plaintiff,
Vs.
CHRISTOPHER F. O'HARE,
Defendant.
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO.
VERIFIED COMPLAINT
Plaintiff, Town of Gulfstream ( "Town "), a municipal corporation of the State of
Florida, by and through its undersigned counsel, sues defendant, Christopher F. O'Hare
( "O'Hare "), and alleges:
relief.
General Allegations
1. This is an action for declaratory relief, ejectment, trespass, and injunctive
2. The Town is a municipal corporation, duly organized and existing under
the laws of the State of Florida.
3. Defendant, Christopher F. O'Hare, is a resident of Palm Beach County,
Florida.
4. This Court has jurisdiction pursuant to Fla. Stat. §§ 26.012(2)(f),
26.012(2)(g), 26.012(3), and 86.011.
5. Venue is proper in Palm Beach County, Florida, because it is where the
cause of action arose.
6. All conditions precedent to this civil action have been performed, waived
or otherwise occurred.
The Town has incurred costs in bringing this action and is obligated to pay
a reasonable fee to the undersigned attorneys.
Factual Allegations
8. O'Hare is the owner of a boat with the registration number #FL 6948 RX
(hereinafter, the "Vessel ").
9. The Town is the owner of real property /water located in Palm Beach
County, described as follow;
Beginning at the intersection of the easterly right of way line of the
Intracoastal Waterway with the east and west quarter section line of
Section 4, Township 46 South, Range 43 East, thence North
11 "36'46' East along said easterly right of way line, a distance of
507.37 feet to an angle point in said right of way line; thence North
5 "25'43' East along said right of way line, a distance of 615.98 feet
to the point of beginning and the southwest corner of the parcel of
land herein described; thence continue along the same course
along said easterly right of way line North 5 "25'43' East, a distance
of 1000 feet; thence easterly at right angles to said easterly right of
way line, a distance of 703.42 feet, more or less, to a point 30 feet
east of the northerly extension of the west line of Polo Drive as
shown on Replat of Port Gulf Stream Properties, recorded in Plat
Book 18, Page 98, Public Records of Palm Beach County, Florida;
thence southerly, parallel to, and 30 feet east of, the northerly
extension of the west line of said Polo Drive, a distance of 482.85
feet, more or less, to a point in the north line of Lakeview Drive as
shown on said plat; thence westerly along the north line of said
Lakeview Drive, a distance of 30 feet, thence southerly along the
west line of said Polo Drive, a distance of 370.16 feet to the
beginning of a curve concave to the west and having a radius of
124.09 feet; thence southerly along the arc of said curve, and along
the west line of said Palo Drive, a distance of 55.79 feet to a point
of reverse curvature; thence southerly along the arc of a curve
concave to the east and having a radius of 145.13 feet and along
the west right of way line of said Polo Drive, a distance of 64.76
feet to the end of said curve; thence southerly along the tangent to
said curve and along the west right of way line of said Polo Drive, a
distance of 31.12 feet to a point in a line running east from the point
of beginning at right angles to the easterly right of way line of said
Intracoastal Waterway; thence westerly along said line, a distance
of 635.08 feet, more or less, to the point of beginning.
(hereinafter referred to as "Polo Cove').
10. The waters of Polo Cove are private property, owned by the Town, with
permissive easements granted to the abutting land owners, who are citizens of the
Town.
11. A complete chain of title of Polo Cove is attached hereto as Exhibit 1.
12. The Town acquired title to Polo Cove on or about February 12, 1963,
pursuant to the quit claim deed attached hereto as Exhibit 2.
13. On several occasions, O'Hare has had the Vessel piloted or towed into the
waters of Polo Cove.
14. The Town advised O'Hare that the Town did not consent to his boat being
moored at this location and advised O'Hare to remove the boat from Polo Cove within
twenty -four hours of receipt of the notice. See letter attached as Exhibit 3.
15. Property owners abutting Polo Cove have repeatedly complained about
the presence of the Vessel, and have asked the Town to remove the Vessel. The
Vessel is apparently inoperable and is a blight to the Town as well as to the property
owners abutting Polo Cove, who have an easement to Polo Cove pursuant to the
easement grant attached hereto as Exhibit 4.
16. O'Hare has repeatedly ignored the Town's requests and warnings not to
trespass on Town property, and has failed to timely remove the Vessel despite the
repeated requests and warnings.
17. After eventually removing the Vessel, O'Hare would subsequently pilot or
tow the Vessel back into the waters of Polo Cove and anchor it once more.
C]
18. The Vessel is currently anchored in the waters of Polo Cove, in direct
contradiction to the Town's warnings. Accordingly, O'Hare is currently trespassing, and
has repeatedly trespassed, on Town property.
19. The Town has contacted a towing company to remove the Vessel, but the
towing company has refused to tow the Vessel out of a stated desire to not get involved
with O'Hare.
Count I — Declaratory Relief
20. The Town re- alleges paragraphs 1 —19.
21. This is an action against O'Hare for declaratory relief pursuant to Chapter
86, Florida Statutes.
22. The Town seeks a declaration that O'Hare does not have a right of
possession of the waters of Polo Cove.
23. The Town seeks a declaration that:
a. O'Hare is trespassing on Town property;
b. O'Hare is prohibited from piloting, towing, docking, mooring, or
anchoring the Vessel, or any other vessel, in the waters of Polo
Cove;
C. the Town is authorized to remove, or cause to be removed, the
Vessel, or any other vessel of O'Hare, from the waters of Polo
Cove.
24. There exists a bona fide actual present and practical need for a
declaration regarding these issues.
25. The declaration sought concerns a present ascertained or ascertainable
state of facts or present controversy.
26. The declaration is necessary for the parties to be certain about their rights,
duties, obligations, status and legal relations.
4
27. The parties have an actual present antagonistic interest in the subject
matter of these declarations.
28. The antagonistic and adverse interests are all before the Court by proper
process.
29. The relief being sought is not merely the giving of legal advice or answers
to questions propounded by curiosity.
30. The Town reserves the right to seek supplemental relief, including, but not
limited to, damages and other equitable relief upon the court's declaration.
31. The Town is entitled to recover costs pursuant to section 86.061, Florida
Statutes.
WHEREFORE, the Town requests a judgment declaring that O'Hare does not
have a right of possession to the waters of Polo Cove; that O'Hare is trespassing on
Town property; that O'Hare is prohibited from piloting, towing, docking, mooring, or
anchoring any vessel in the waters of Polo Cove; that the Town can remove the Vessel
or any other vessel of O'Hare from the waters of Polo Cove; and such further relief the
Court deems appropriate.
Count II - Ejectment
32. The Town re- alleges paragraphs 1 — 19.
33. This is an action for ejectment to recover possession of real property
located in Palm Beach County, Florida.
34. O'Hare has unilaterally and without the consent of the Town, brought his
Vessel into Polo Cove, which is owned by the Town, and has anchored the Vessel in
Polo Cove in direct contravention of the Town's directive and warning. O'Hare is
therefore in possession of Polo Cove.
I
35. O'Hare has no legal right to possession of the property upon which the
Vessel is located.
36. The Town has repeatedly requested that O'Hare remove the Vessel from
Polo Cove, and cease trespassing on Town property.
37. Despite the Town's requests, O'Hare refuses to remove the Vessel from
Polo Cove and deliver possession of Polo Cove to the Town.
WHEREFORE, the Town demands that this Court eject O'Hare from Polo Cove,
and such other relief as the Court deems proper.
Cove.
Town.
Count III -Trespass
38. The Town re- alleges paragraphs 1 -19.
39. The Town has title to, and ownership of, the land and waters of Polo
40. O'Hare has repeatedly committed acts of trespass on the property of the
41. O'Hare is currently committing an act of continuing trespass on the
property of the Town.
42. O'Hare has engaged in an intentional and unlawful interference with the
Town's right of possession of real property.
43. The Town has been damaged as a result.
WHEREFORE, the Town demands judgment for damages, an order requiring
O'Hare to remove the Vessel, and such other relief as the Court deems proper.
Count IV — Injunctive Relief
44. The Town re- alleges paragraphs 1 -19, and 40 -43.
11
45. This is an action for temporary and permanent injunctive relief to restrain
O'Hare from towing, piloting, or anchoring the Vessel, or any other vessel, in the waters
of Polo Cove, and such other relief as the Court deems proper.
46. O'Hare has committed acts of continuing and repeated trespass on Polo
Cove, the property of the Town.
47. If the continuing and repeated trespasses are not restrained by this Court,
they could ripen into a prescriptive right on the part of O'Hare to continue the trespasses
and to use the Town's property.
48. Injunctive relief is an appropriate remedy for continuous and repeated
trespasses.
49. The Town further seeks injunctive relief to enjoin the repeated and
continuous trespasses to prevent a multiplicity of suits.
50. The Vessel is a visual blight and an eyesore to the Town and the property
owners abutting Polo Cove.
51. The Town has no adequate remedy at law, and will be irreparably harmed
absent injunctive relief.
52. The Town has a clear legal right to the requested relief.
53. The Town can show a substantial likelihood of success on the merits of
this action.
54. O'Hare has the ability to easily remove the Vessel from Town property, as
O'Hare previously removed the Vessel before returning the Vessel to Polo Cove.
action.
55. The public interest would be served by the granting of an injunction in this
7
56. WHEREFORE, the Town demands a judgment for a temporary and
permanent injunction requiring O'Hare to remove the Vessel, restraining O'Hare from
towing, piloting, or anchoring the Vessel, or any other vessel, in the waters of Polo
Cove, permitting the Town to remove the Vessel or any other vessel of O'Hare in the
event of any future trespass, and such other relief as the Court deems proper.
Reservation to Plead Punitive Damages
The Town reserves the right to assert a claim for punitive damages against
O'Hare.
VERIFICATION
Under penalties of perjury, I declare that I have read the foregoing Complaint and
that the facts stated in it are true.
2 q
uthof; ed Repr ent tive
TOWN OF GULF CAM
STATE OF FLORIDA )
SS:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this d , be ore,, officer duly authorized in the
State of Florida and the County c a to take acknowledgements, the
foregoing instrument was acknowledged before me by $c_n' U/ At who
is personally known to me.
Ll
Witness my hand and official seal in the County and State last aforesaid this
7 k day of April, 2014.
�
Notary Public
2i Ta ylvv
Typed, printed or stamped name of Notary Public
My commission expires:
4HE ITA L TAYLOfl ublic • stale of Florida . Esplres Mar 10, 2019 ission � FF 099915
Dated this li' day of April, 2014.
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
Attorneys for Plaintiff
505 S. Flagler Drive, Suite 1100 (33401)
P.O. Box 3475
West Palm Beach, FL 33402 -3475
(561) 650 -0458 [Telephone]
(561) 650 -5300 [Facsimile]
By: /s /John C. Randolph
John C. Randolph
Florida Bar No. 0129000
James C. Gavigan, Jr.
Florida Bar No. 0085909
p: blocs \1314M000I1pld \l W81802.doc
��% o
A T T O R N E Y S '