HomeMy Public PortalAboutPRR 15-18887/15/15
Patricia Randolph wanted the letter regarding the conservation area that O'Hare was talking about at
the Commission meeting on 7/10/15.
Kelly Avery
From: Gulf Stream < gulfstreamcoastalpreservation @gmail.com>
Sent: Sunday, July 05, 2015 2:35 PM
To: Scott Morgan; Bill Thrasher
Subject: Appeal of Board of Adjustment Decision re: Conservation District lot.
Attachments: Conservation District Lot www.co.palm- beach .fl.us —papa_Asps_PropertyDetail .pdf; PAPA
Maps.pdf; Martin Application.pdf; Johnson Fund Quit Claim Deed.pdf
Dear Mayor Morgan and Town Manager Thrasher,
Forwarded herein for your reference is my email to Mayor Morgan of June 14, 2015 regarding the Town of
Gulf Stream Board of Adjustment's recent decision to permit a development application that provides for
removal of habitat from land located in the Town's Conservation District. I am writing you again regarding this
matter because the 30 day deadline to appeal this decision is quickly approaching and I have not yet received a
response from you to the inquiry I made in that email.
Further provided by attachment to this email for your reference is the Quit Claim Deed for the land that is the
subject of this decision. You will note that this deed requires this property forever be for the exclusive purpose
of restricting the use of the property perpetually as a bird and wildlife sanctuary. And not to be used as an
extension of the landscape garden of the adjacent property owner.
In addition to this information and the information I provided to you in my earlier email, I wish to also bring to
your attention some goals and policies of the Town that are incorporated into the most recent version of the
Conservation Element of the Comprehensive Land Use Plan submitted by the Town to the State of Florida:
Goal 6.1: THE NATURAL RESOURCES OF THE TOWN OF GULF STREAM SHALL BE
PRESERVED OR MANAGED IN A MANNER WHICH MAXIMIZES THEIR FUNCTIONS AND
VALUES.
Policy 6.1.3.1 All nuisance and invasive exotic vegetation shall be removed at the time of development
or redevelopment of a site.
Policy 6.1.3.2. All endangered and threatened plant and animal populations shall be protected and all
habitat of significant value to existing populations of endangered and threatened species shall be
preserved and protected.
Please respond as soon as possible to my inquiry given the strict limitations of the appeal period as mandated by
State Statute and Town Code.
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL
chrisoharegulfstream (@,gmail.com
---- - - - - -- Forwarded message ---- - - - - --
From: Gulf Stream <gulfstreamcoastaloreservation(o )gmail.com>
Date: Sun, Jun 14, 2015 at 9:49 PM
Subject: Gulf Stream Coastal Preservation
To: scottinorgan75(@,grnail.com.didtheweadit.com, smorean(@,, gulf- stream.org.didthevreadit.com
Dear Mayor Morgan,
The Town of Gulf Stream is fortunate to have several large parcels of Coastal Hammock land which
have been preserved in undisturbed condition for at least the last 50 years. As you may be aware,
this land was donated to the residents of the Town with the express understanding that it would be
maintained as habitat for all the flora and fauna fortunate enough to find refuge within it's boundaries.
The Town subsequently created the Conservation District and codified the uses of these parcels. One
of the protected parcels is a 2.48 acre parcel identified by the Palm Beach County Property Property
Appraiser as PCN 20- 43- 46- 09 -00- 000 -1041 (see attached).
I have personally visited this particular parcel (I know some of my neighbors have as well) and very much
enjoyed spending quite moments observing the sylvan beauty of this preserve and watching some of the
activities of the birds and other animals and insects that have made it their home. Many times I have
photographed and filmed these natural scenes. I suspect that much of the wildlife documented in the Town's
Comprehensive Land Use Plan are currently finding refuge on this parcel. I have also observed evidence of the
presence of endangered gopher tortoise (Gopherus polyphemus) in the sandy soils mostly covered with
underbrush and bio- matter.
I was therefore alarmed during the public hearing on June 12, 2015 when I saw that the level 3 Land Clearing
application submitted by William and Marcia Martin for their residential lot also included an application to
clear portions of the Conservation District lot located adjacent to their proposed residence. The plan calls for the
removal of 15 naturalized Tropical Almond trees (Terminalia catappa), removal of all underbrush and
understory bio -mass and the planting of a limited number of new nursery stock. Town Manager William
Thrasher recommended approval of the application because he stated that in the area to be cleared, trees were
overhanging the shoreline and dropping leaves into the waterway.
The Martins also proposed to pay for the clearing and replanting planned for this Conservation District parcel.
The use they apparently intend for this portion of the parcel is to modify the parcel's aesthetic and habitat
characteristics while creating a buffer between the Martin property and the remainder of the Conservation
District preserve. This "use" is accomplished at the detriment of the entire natural area. Apparently the Martins
wish to "clean up" the underbrush and bio -mass described by their agent, Mr. William Weitsma, as rubbish. Mr.
Weitsma also represented to the Commission that the non - native Areca Palms (Chrysalidocarpus lutescens)
show on the plan were not proposed to be planted but rather already growing on the Conservation District parcel
in the area to be cleared.
The Tropical Almond trees to be removed are typical of similar trees found in Coastal Hammocks throughout
Palm Beach County. The University of Florida considers this species of tree to be beneficial to wildlife due to
its high canopy, production of edible fruit and copious amounts of falling leaf matter. The mature trees soon to
be removed are upwards of 45 feet tall and have a wide spreading canopy. These trees are the result of many
years of undisturbed growth and they are essential to the biological systems currently operating on this parcel.
The proposed replacement trees will be much smaller and require many years of undisturbed growth to replicate
what exists on this parcel today.
The Town's Code specifically prohibits the uses proposed by the Martins for this Conservation District land.
Sec. 66 -280 clearly states, Any rise not specifically permitted in the conservation district shall be prohibited.
Sec. 66 -277 clearly states, There are no permitted uses in the conservation district.
In addition to this seemingly clear violation of the Town's Code caused by the Commission granting the
Martin's Development Application, a visit to that portion of the Conservation District parcel which is the subject
of the application will reveal that Mr. Thrasher misrepresented to the Commission the existence of trees
overhanging the shoreline and Mr. Weitsma misrepresented to the Commission that the Areca palms show on
the application plans as already growing on the parcel are instead not yet planted. I have recently taken videos
and photos that will confirm these site conditions. I can make these available to you if you wish to examine
them.
Additionally Town Code Sec. 58 -76 requires applications be evaluated for compliance with federal and state
regulations and includes U.S. Fish and Wildlife Service, Florida Game and Fresh Water Fish
Commission, Florida Committee on Rare and Endangered Plants and Animals, Florida Department of
Agriculture and the Treasure Coast Regional Planning Council as having regulatory authority over the
proposals made in this application. While Sec. 58 -77 states that in the case of any inconsistencies in
the regulations, the more stringent of the regulations shall apply.
Sec. 58 -80 requires that prior to granting permission to the Martins to modify the Conservation District
parcel, an environmental inventory must be made. According to Town Code this inventory must
include
1. A map of existing terrestrial and aquatic vegetation including all native plant community type
and all exotic species.
2. A written description of each native plant community type, including canopy, understory and
groundcover.
3. A map or description of soil types and conditions.
4. A list of rare, endangered or threatened species and species of special concern found on site.
5. A map indicating colonial birds nesting or roosting areas or acreage within which migratory
species are known to concentrate.
6. A map or written description of surrounding land use.
Sec. 58 -81. requires that a qualified professional, knowledgeable in the identification and evaluation of
environmental resources also make a written assessment of the plant communities and critical habitat identified
on the site. The assessment shall include an evaluation of the character and quality of plant and wildlife
communities identified, including their rarity, viability and such other physical characteristics and factors which
may affect their preservation and longterm viability.
Compliance with the requirements of Sec. 58 -80 and 58 -81 are especially important because the findings of the
Environmental Inventory and the written assessment identifying plant communities and critical habitat can
trigger the required compliance by the Martins with the regulations of Sec. 58 -82 and 58 -84.
Sec. 58 -82. requires that a Habitat Preservation Plan (HPP) shall be prepared as may be required by this article
to preserve those areas identified during the site environmental inventory to be critical nesting, breeding or
protective habitat for rare, endangered or threatened species or species of special concern of both flora and
fauna.
Sec. 58 -84 requires that no intense development activities such as land clearing, contouring, dredging, the use of
heavy construction machinery or external construction activity shall be conducted during times of high
biological activity to avoid disruption of migratory, and breeding activity; rearing of young; or other cycles of
activities necessary for the continued viability and propagation of species while low intensity development
activities, such as interior painting, plumbing and electrical work may be conducted at times of high biological
activity only at distances greater than 100 feet from the critical habitat.
Given the two misrepresentations cited above in addition to apparent violations of Town Code Sec.66 -277 and
66 -280, this Commission is well within its rights, duties and obligations to all Town residents and the state and
federal governments, as provided by Town Code, specifically Sec. 66 -147 to rescind this development order and
at the very least require the applicant to resubmit an application that complies with Town Code Sec. 58 -76
through 58 -84.
I am bringing this issue to your attention and the attention of Town Manager William Thrasher, as a petition
for redress of grievances regarding a matter of compelling public interest. I believe it was wrong for the
Commission to approve this development application for the reasons I stated above. I believe the Town's
actions may also be causing the Martins to risk disturbing protected Wildlife. Additionally I feel, as a
resident of the Town of Gulf Stream, that I (and others) have been adversely affected and aggrieved by the
decision of the Town Commission sitting as the Board of Adjustment to approve the portions of this
Development Application that adversely impact the adjacent Conservation District land. To avoid the Town
unnecessarily spending public money and wasting Town resources I request the Town correct this matter
by its own initiative or if I have misinterpreted the Town's Code in regard to this matter, I respectfully
request you explain to me why this apparent problem does not need fixing. In the interim I will seek the
opinion of conservation groups and government agencies that may have an interest in this matter.
Town Clerk Ms. Rita Taylor informed me after the hearing that the Martins could now go forward at any time
with the Town approved land clearing of the Conservation District property. I therefore am intently eager to
know whether this matter can be resolved as quickly as possible without the need for judicial intercession
before any damage is done to the habitat s of the Conservation District and before the 30 calendar day
deadline as provided for by Sec. 66- 145(17).* 1 further request that you consider asking the Martins to
voluntarily place any plans to disturb the Conservation District land in abeyance pending the (hopefully
speedy) resolution of this matter.
Sincerely,
Christopher O'Hare
2520 Avenue Au Soleil
Gulf Stream FL
chrisoharegul fstream(n, email.com
'Sec. 66 -145. - Procedures for submitting and processing applications.
(17) Appeals. Any aggrieved or adversely affected person aggrieved by a decision of the board of adjustment
on an application for a level 3 architectural /site plan review may apply for judicial relief by filing a petition for writ of
certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, within 30
calendar days of the date of the final action.
(Old No Q,) 1 1 1- 30.951
smorgan@ qulf- stream.org.didthevreadit.com scottmorgan75 @gmail.com.didthevreadit.com
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 015 -04 Owner: M/M William I. Martin
Address: 12 South Hidden Harbour Agent: William Wietsma, Architect
Proposed Improvement: Construction of a partial two story single family
Angelo Caribbean style dwelling
Approvals Requested:
Land Clearing Permit: To prepare the property for the construction of the
structure.
Special Exception:
To permit 299.57 SF of covered, unenclosed area that
exceeds the maximum permitted floor area.
Level III Architectural/Site Plan:
To permit the construction of a partial two story,
7,978.7 SF Angelo Caribbean style single family
dwelling with 3 car garage and swimming pool.
Gross Lot size: 35,904.1 SF
Effective Lot Area: 25,396.7 SF
Proposed Total Floor Area: 7978.7 SF
Allowable: 7,979.1 SF (With Special Exception)
Zoning District: RS-N /S
Height: 30' (roof height__ <30' Preferred), Roof Features
(2) 35' (roof feature height :5 35' Preferred).
Finished Floor. 8.5' NGVD
Issues Considered During Review:
Section 66 -144 Standards: Regarding Level 11 & Ill architectural /site plan review
Section 704 How to use this manual: Regarding Design Standards
Section 70 -67 Effective lot area
Section 70 -70 Furor area calculations
Section 70 -74 Setbacks
Section 70 -100 Roof and cave heights
Section 70 -187 Table of district standards
Motion to recommend approval Laid Clearing Permit to prepare the property for the
construction of the structure.
Motion to recommend approval Special Exception to permit 299.57 SF of covered, unenclosed
area that exceeds the maximum permitted floor area.
Motion to recommend approval Level III Architectural /Site Plan based on a finding that the
proposed partial two story, 7,978.7 SF Angelo Caribbean style single family dwelling with 3
car garage and swimming pool meet the minimum intent of the Design Manual and applicable
review standards with the following conditions:
Architectural Review and Planning Board
ARPB File W015 -04
ARPB May 26, 2015, TC June 12, 2015 Page 2
1. Any minor modifications in the landscape plan shall be submitted to Ore Town Manager for
review and approval and any major modifications shall be brought back to the ARPB for review
and approval, prior to commencement of landscaping.
2. Wall and /or fences along the side property lines will be measured from the lowest abutting
grade with a maximum height of 8' including any lighting fixtures that may be attached.
3. All chain link fencing will be screened from neighbors view.
4. Construction of docks, installation of boat lifts and ancillary structures shall conform to
GS Code 66-369 "Docks ".
5. Prior to file issitana- afa certificate ofoccupancy, the oroner of the property shall prepare and
record a deed restriction which shall provide Hurt all roof projection areas shall remain nnnenclosed
as per apprmwl of fhe special exception for as long as lire sfniclure is fit existence or exceeds lite
maxinnon FAR.
ARPB Date: May 26, 2015
Action:
Land Clearing Permit: Recommend approval as requested. (5 -0)
Special Exception: Recommend approval as requested. (5 -0)
Level III Architectural /Site Plan: Recommend approval as requested with the 5 conditions
listed above. (5 -0)
TC Date: June 12, 2015
Action
Land Clearing Permit:
Special Exception:
Level III Architectural /Site Plan:
TOWN OF GULF STREAM
p adi:r. S�
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FOR
',RECEIVED
APR 16 2015
Town of Gulfslream H.
This form Is to be used for all development review applications to be heard by the Town or Gulr Stream
Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the
form Properly, please review the accompanying Town of Gulf Stream Instruction Manuel for Application for
Development Review Form. Failure to complete this form property will delay its consideration.
ARPB File # I-r— l'i
To he completed ART II. GENERAL INFORMATION
eted by oil applicants.
A. Project Information Lv4 TAN Jj'n Tf-- A- Alai -ci a- W Mt t- 7;n
I.A.1. Project/Owner Name: JAAj2Ttt,l nvnne.rrr
IA2. Project Address: Jel, 4'1r) +1012k& ,rw�o•�. -1)1� ')Y21UL
IA.3. Project Property Legal Description: M 1 GN JLeao on v, ��. r.,_�
Tft' PL'.. Tj t �°� pr% AS 12QL020FJn nJ area a..._.. T
LAA. Project Descrlplbn (descnbe In detal( Including # ofstodes,
J'EU) <u'Y1 pAtYil(�l �2GCtnewl��
I.A.S. Square Footage of Now Structure or Addition:
Architectural Style: A CI l n --
1 A,0. Check aN that apply: XArchNecturallSlle Plan Review X Land Clearing D North Ocean Boulevard
Overlay (completes elfin B) ❑ Demolition of Structures O Non - residential uses D Variance
(complete section G) Il( Special Exception (complete section F)
I -A.7. (a) Proposed F.F.E.: T
— �---- .41� -- YPe of Foundation:
B. Owner Information
I.B.1
Owner Address: 1$GfiG1+ IWAIIk gNym=6 144 11H�13
I.8.2. Owner Phone Number:
1.0.3. Owner Signature: —f�
C. Agent Information
I.C.1. Agent Name and Firm Nam:
LC-2. Agent Address:_;aA_(2 fW SAjq
mAr
Pre-App Dale:
App Date:
Core Date:
ARPB Data:
Recommendation:
TC Dale:
-I ro -I i
Application for Development Approval Form ADA.2000
revised 6 /13MO
Page 2
)a "+'4
OII
PART Ill. PROJECT DESCRIPTION AND JUSTIFICATION
To he completed by all applicants after pro- appll(cal(on conference with Town Staff. Please be concise but
brio(. Affect, additional sheets only when necessary and be sum to include fie appropriate and complete
question number(or each response.
A. PmJacl Oeserlpllon and Justification
III.A.i. In what zoning district Is the project si[e located] O
III.A.2. Is the project compatible with the Intent of the zoning district? H Yes ON.
Explain. PRMYe (t ml:lsrr — , -
III.A.3. Is Ilse project consistent tiyi01 the Future Land Use Map and goals, objectives and policies of the
Comprehensive Plan? @ Yes O No
IIIA.4. How are ingress and egress to the property to be provided?
III.A.5. How are the following utilities to be provided to the
a. Slormwa[er Drainage _ 5
b. Sanitary Sewer O -S 1
I . Potable Water
d. Inigalion Water - t'U -1A1.1 rl ray
e. Electricity d✓ !a )I
L Telephone g. Gas FSG r c rrLT-
h. Cabfe —Tpinvi m.. �I�CI?1F IINI]G
III.A.6. If the project involves the erection of one or more structures, please describe how the structures are
consislenl will, the criteria In Section 66 -144 of the Town If Gulf Stream Code, (Attach structures ar
shout if necessary.)
—,�>21 r —kf rr1Fl%TC -{}NC- KI%/' 1]1176 01CNill
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PARTIV. ADDITIONAL INFORMATION
Section A is to be completed by all applicants after pro- applicalion conference wffh Tawn staff. Answering
Yes "fo any question in Section A requires rho completion of additional Secfkns wit
Indicated.
A. Additional Approvals /Requirements
IV.A.1. Does the project I Give land area within frly feet (50') of the AIA (North Ocean Boulevard) right -of.
way7 O Yes L°J No (If "Yes", section B of this part must be completed.)
IV.A.2. Does the project Involve Ilse demolition of one or more structures? O Yes �iJa
(If "Yes ", section O of [his part must be completed.)
IV,A.3. Does the project involve the clearing or filling of any portion of agy/exislino yacanl lot or more than
Fifty percent (50 %) of the landscaped area of a developed lot? EfYes Q No
(If "Yes`, section D of this part must be completed.)
IV.A.5. Dopps the orglecl require approval of a Special Exceplton7
Do
O No (If "Yes", section E of this pan must be completed.)
IV.A.6. Is the proleyytt at variance with any regulations contained in the Zoning Code7
Oyes IWNo (If "Yes ", section G of this part must be completed.)
Application for Development Approval Form ADA.32000
Page 3
Town of Gulf Stream
B. Projects Requiring North Ocean Boulevard Overlay Permit N /11c
W.B.I. What significant landscape features or architectural features are to be disturbed or added and to what
extent?
IV.B.2. Describe Ilia need and justification for the disturbance /addillon:
IV.8.3. Will Ilia disturbance /addition destroy or seriously impair visual relationships among buildings,
landscape features and open space, or introduce incompallble landscape features or plant material
Iha[ destroys or Impairs significant views or vistas within the North Ocean Boulevard Overlay Olstrlcl7
Yes No
Explain:
IV.B.4. Flow is the design consistent with the AM Landscape Enhancement Project?
IV.13.5. What mitigation is proposed so that Ilia disturbance /addillon has the least Impact possible to the visual
and aesthetic quality of Ilia North Ocean Boulevard Overlay District:
C. Projects Requiring a Demolition Permit t4 Pr
IV.C.1. When are Ilse existing structures to be demolished?
IV.C.2. When are the proposed structures to be constructed?
IV.C.3. What is the landmark status of 1110 structures to be demolished?
D. Projects Requiring a Land Clearing Permit
IV.D.1. Describe those vegetative materials of B Inches in diameter and greater to be North Ocean Boulevard
Overlay District: rack
IVD.2. Describe Ore need and juslilicallon for Ilse removal /relocalfon:M� G TiZFF_C s�
¢1'cPYL 40aMCMkXLALh13-ln4 [n-- NLide.Li_Ytl)RiG
IV.0.3. How is Ilia removal from the project site of vegetation to be miligated: Qf9FLA&U9 Iy kl%'AL)
lm UK1 iL ffl � . SSG t A&M1 W I KXJ P16PaA.
IV.D.4. How are the remaining and relocated vegetative materials IQ be protected and preserved during Ilia land clearing and constriction activities and thereafler7 11 be
IV.D.5. What replacement materials are proposed? S1G I -MJ 1 L P4J
Application for Development Approval, Form ADA,32000 Page 4
February 2002
E. Prolects Requiring o Special Exception.
IV,E.1. Is Iho Propasod use a permitted special exception use? ts/yes ❑ No Code Seclion; =2
IV.E.2. Now is the use designed, located end proposed to
welfare, and morals wN ha pmleded7
6e operated so "hat Iho public health, rarely,
IV-E.3. Will the use cause suhsl I
be localed7 ❑ yas fmiral Injury to the value of ether
L3•No properly in the neighborhood where it is to
Explain._T:Jj?, USA
IV EA Now wi(I the use be compatible vdlh adjoi
is to be localed7 ning development and the character of the Disldct where it
IV,E.5, What landscaping and screening are provided?
0 p Ott �i1L TES -rtir__! �.
IV,E.O. Does the usp conform will, all app5cablo regula0ons evert
located? sYas 17 No governing n9 Iho District wherein it Is to be
F. Non- ResidentlalPro �rTU UN.�
Jacls and Residential ProJects of Greater than 2 Units ,
IV,F.1. If common area facilities are to be provided, describe them and how they are ub be rnainlained.
IV.17.2. If recreation
pertie . facilities aro to be provided describe them and their potential Impacts on surrounding
properties.
IV.F.3. For each followili
L oading Spaces: ces. ng,
st the number Provided and their dimensions.
L
Standard Parking Spaces:
Small Car Parking Spaces:
^andk.p !d Parking Spa,es:
Application for Devolopmenl Approval Form ADA.32000
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6/13/2015 www.co.palm- beach.fl.us/ papa/ Asps/ PropertyDetaiI /PropwtyDetail.aspx? parcel= 20434609000001041&srchtype =map
Gary Nikoiits,CFA Homestead Exemption
Property Appraiser
Palm Beach County
v.,
Location Address OCEAN BLVD
Municipality GULF STREAM
Parcel Control Number 20- 43- 46- 09 -00- 000 -1041
Subdivision
Official Records Book 02620 Page 0149
Sale Date JAN -1976
Legal Description 9- 46 -43, NLY 207.07 FT OF SLY 375 FT OF WLY 816.81 FT OF NE 1/4 LYG E
OF FIND CNL & W OF PL OF GOLF COURSE ADD (LESS
http: //www,co. palm- beach.fi.m/ papa / Asps/ ProWtyDetail/PropertyDetail.aspx? parcel= 20434609000001D41&srchtype =map 1/1
Mailing address
Owners
LULFSTREANI
)
100 RD
TOWN OF
J
DELRAY BEACC 33 H FL 33483 7427
No Sales Information Available.
it
[GULFSTREAM
Exemption Applicant
/Owner Year
Detail
-1
TOWN OF
2015
FULL: MUNICIPAL GOVERNMENT
Number of Units 0
"Total Square Feet 0
Acres 2.48
Use Code 8900 -MUNICIPAL Zoning CONS - Conservation ( 20 -GULF STREAM
I
Tax Year
2014
2013 2012
Improvement Value
$0
$0
$0
Land Value
$900,000
$900,000
$900,000
Total Market Value
$900,000
$900,000
$900,000
All values are as of January 1 st each year
Tax Year
2014
2013 2012
Assessed Value
$900,000
$900,000
$900,000
Exemption Amount
$900,000
$900,000
$900,000
Taxable Value
$o
$0
$0
Tax Year
2014
2013 2012
Ad Valorem
$0
$0
$o
Non Ad Valorem
$o
$0
$0
Total tax
so
$0
$0
http: //www,co. palm- beach.fi.m/ papa / Asps/ ProWtyDetail/PropertyDetail.aspx? parcel= 20434609000001D41&srchtype =map 1/1
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0, NORMAN OTTo
139884 - BYRD, DEVITT, OTTO 6 Hcay. P.L
QUIT CLAIM DEED P. 0. aox 1927
DELRAY BEACH,FLA.33444
11.1
THIS INDENTURE, Made this � day of December, A. D.,
197 between HAROLD F. JOHNSON FUND, INC., a corporation existing
he laws of the State of Delaware, Party of the First Part,
aed, OF GULF STREAM, a municipality, of the County of Palm
Be'
3h9' State of Florida, Party of the Second Part,
Fj6ESSETH, that the said Party of the First Part, for
and in coph�eration of the sum of Ten ($10.00) Dollars, in hand
paid by t . � §IShid Party of the Second Part, the receipt whereof
is hereby a kr ledged, has remised, released and quitclaimed,
and by these J (I/ nts does remise, release and quitclaim unto the
said Party of Ua'S'aeond Part and its successors and assigns
forever all the crgh� title, interest, claim and demand which
.0
the said Party of 44irst Part has in and to the following
described lot, piece r arcel of land, situate lying and being
in the County of Palm $€` State of Florida, to wit:
A parcel of land inj6o iqn 9, Township 46 South, ..
Range 43 East, Gulfs yalm Beach County,
Florida, bounded as a:_
On the North by the Wee Frly' extension of the North o
�d '.
line of Lot 7, Golf Coin addition, according to
the Plat therof on file i`of£ice of the Clerk a 11n
of the Circuit Court in a Palm Beach County, J�
Florida, recorded in Plat B page 75;
on the East by a line 269.2 'ire Westerly from the
Southwest corner of Lot 6 of !said Golf Course Addition ' IL
M easured along said Westerly exrO*ion of the North O
line of Lot 7 and extending Sotoerl?ly at right angles W<1. c
to said North line of Lot 7: on ire -jest by a line F�
300 feet Westerly from and pars! Co said Easterly 101111
boundary line; and on the South by "E �' South face of � � .¢
the concrete seawall as now cone Q7ludt�fp and in vat (�o cllilllll
along the North boundary of the cAnal-; /�ss 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.
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 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 I'
exclusive purpose of restricting the use of the property
perpetually as a bird and wildlife sanctuary.
VM2620 PALE 147
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
Se tary, the day and year above written.
ih`ad sealed and delivered HAROLD F. JOHNSON FUND, INC.
au , resence: a Delaware corooration
By • &4l r �uJ�Man-
ri
Attest:L?�
OF FLO A )
Y OF PALM EFA GH, )
I HEREBY CEf( ; //FY_that
JOHNSON FUND, INC., V co oral
of Delaware, to me kno, tc be
executed the foregoin ;agleya
a municipality, and sewgg�a y
to be their free act and.�ea
and purposes therein menit
the official seal of said.
is the act and deed of saidC�i�
WITNESS my signature an
in the County of Palm Beach a
Year last aforesaid.
(Corporate Seal)
this %G1 day of Decei ;1'97
HAROLD SON and CECIDE'
t and Secretary of HAROLD F.
ion under the laws of the State
the persons described in and who
nce to TOWN OF GULF STREAM,
acknowledged the execution thereof
as such officers, for the 6ses
arad.;,and that•they affixed thereto
ation, and t a said instrument
seal at Delray Beach
of Florida, the day and
iS @al. My Comm At'' Expires:_ _
s (• �,
,l ? Roury PAI, Slate al Nml, J
ACCEPTANCE OF DEED OF CONVEYJ(H(lE My Gnrraden 6pirel Serf. IS.
a�IM I ern„ ka erf. 1G
KNOW ALL MEN BY THESE PRESENTS, thal:Qp e�.MWN 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 -fa 'e- day of December, 1976.
TOWN OF GULF STREAM,
a municipalime7
By:
If (Seal)
Aemd Vadllai
L'&42620 fm 148 Palm 114911 Cawy, Ha.
Jeks C. Conkle
�� Clerk C4ech Caw
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2) VJ
II F� Ic36oceoj IYos ➢mpne4 Lx
G, NORNYIN OYTO
BYRD, DMTt. arra d Way. PA
139885 Qu1T CLAIM DEED P. o. DDx 1927
DELRAY REACH, FLA. 33444
THIS INDENTURE, Made this Ll `
day of December, A. D.,
197 between HAROLD F. JOHNSON, joined in the execution
t f by his wife, CECILE JOHNSON, of the County of Palm Beach
And,, to of Florida, Parties of the First Part, and TOWN OF
GUFI , a municipality, of the County of Palm Beach and
i
Stat Florida, Party of the Second Part,
WITNES$iTH, that the said Parties of the First Part, for
and in ebffWleration of the a= of Ten ($10.00) Dollars, in band
paid by the sad Party of the Second Part, the receipt whereof
is hereby a�6(��3edged, have remised, released and quitclaimed,
and by these pYe.9 do remise, release and quitclaim unto the
said Party of th / S�ee.\ nd Part and its successors and assigns
forever all the ri ` title, interest, claim and demand which
the said Parties of t}%-tfrst Part have in and to the following
\\ v
described lot, piece or( cal of land, situate lying and being
in the County of Palm BeVhti.Syate of Florida, to wit:
(See Attac4�i�ibit A.)
t
TO HAVE AND TO HOLD h' ' ,)together with all and singular
e�ames�
the appurtenances thereunto b o" ng or in anywise appertaining,
and all the estate, right, title i"1- t2best and claim whatsoever
of the said Parties of the First lt, �eeither in law or equity,
to the only proper use, benefit and *Qflti of of the said Party of
the Second Pare, its successors and a9.kioi, iforever, for the
exclusive purpose of restricting the d'he property
perpetually as a bird and wildlife sanc //np�',`�`n
IN WITNESS WHEREOF, the said Parties of the First Part have
hereunto set their hands and seals the day and year first above
written.
Signed, sealed and delivered
in our presence:
told F. Johns
_ �''WI.LQR!'I/`" (SEAL)
c o o n n
M112620 ME '149
-fill 111111111111
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
HEREBY CERTIFY, That, on this day, personally appeared
me, an officer duly authorized to administer oaths and
knowledgments, HAROLD F. JOHNSON, joined in the
bn thereof by his wife, CECILE JOHNSON, to me well known
he persons described in and who executed the foregoing
2 and they acknowledged before me that they executed
^freely and voluntarily for the purposes
Smy hand and official seal at Delta Beach, County
66hh, and State of Florida, this 97 day of
A. D., 1976.
Not
ary u c
My ommission Expires:
Ram Pat. Su4 0( figi el
�'�Ci) WY Cemd,dm 604% Sqd. IL 1990
<ij r.wr u'P+Rw n. own tnrr9
KNOW ALL MEN BY THESEJR�rkEATS, that the TOWN OF GULF STREAM
s hereby approve and acc ' ihi: taforesaid Deed of Conveyance
::
the above - described real pkprrV and the terms, conditions
n )_
appurtenances relating therl.- )-.y,�
IN WITNESS WHEREOF, the TOWN `bKGULF STREAM has executed
these presents, this .9eT� day of Dp'eppber, 1976.
TOWN OIIF //,�,Gft� STREAM,
a munic3p '
Attest: J T S, Lo In By: fN
own ere
e' STATE. OF FLORIO I (Seal)
DOCUMENTARY S57AMP A
DEPT or REYEaD
PR= 9rcnn, =00 30.1 ?
_W5 r
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.
E%HIBIT A
A`p'Ircel of land lying in Section 9, Township 46 South,
43 East, Gul£ stream, Palm Beach County, Florida,
\g ids reel being more particularly described as follows:
crg at the Northwest corner of Lot 7, Golf Course
A t0,, according to the plat thereof on file in the
of e% the Clerk of the Circuit Court in and for
Palnr`W, h County, Florida, recorded in Plat Book 10,
page '5�; three due West (assumed) along the Westerly
extensionp'' £ said North line of Lot 7, Golf Course Addition,
a diste� ,Wvp� 81.28 feet; thence due South, a distance
of 25.34.7,gvx to a point in the South line of a right of
way deed; -is ecorded in Deed Book 1094, page 189, Public
Records of P Beach County, Florida, said point also
being the Itgi. of Beginning of the parcel to be herein
described; tok continue due South, a distance of
179.72 feet; �bedce due West, a distance of 816.81 feet
to a point , €h' - IdsterLy right of way line of the
Intracoastal Waay; thence North 8' East, along said
Easterly right o w line of the Intracoastal Waterway,
a distance of 207 set; thence due East, a distance
of 148.79 feet; th a due South, a distance of 29.0 feet;
thence due East, a i _ance of 608.0 feet to a point of
curvature of a curve eog�ava to the North; thence Easterly
along the are of sai r'eucgI, having a radius of 135.0 feet
and a central angle of/ 3x)22' 02 ", a distance of 31.50 feet
to the Point of Beginn .d'f the above described parcel,
leas the following desc `e- kvarcel:
A parcel of land in Sects ,9;,Township 46 South, Range 43
East, Gulfstream, Palm Bea Coughy, Florida, bounded as
follows: lk;= _w
On the North by the Westerly �Sc6q-
Lot 7, Golf Course Addition, any
on file in the office of the CletK
and for Palm Beach County, Florid#-;
page 75; on the East by a line 269'.
Southwest comes of Lot 6 of said G
along said Westerly extension of th
extending Southerly at right angles
Lot 7; on the West by a line 300 fe
parallel to said Easterly boundary
by the South face of the concrete a
and in use along the North boundary
North 29 feet thereof.
of the North Line of
to the plat thereof
he Circuit Court in
orded in Plat Book 10,
eat Westerly from the
Course Addition measured
ith line of Lot 7 and
a4Yd North line of
4-,r* a from and
..edd3 on the South
11- now constructed
CCie .canal, less the
SUBJECT to restrictions, reservations, and easements of
record; Zoning and /or other restrictions imposed by
Governmental authority, and taxes subsequent to
December 31, 1975.
Rewrd er81,d
MOW ME 151 - rem Bete e„n;r, Fu.
+u, e. o,db
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
July 20, 2015
Patricia Randolph - Verbal [mail to: patsyrandolph @gmail.com]
Re: GS #1888 (letter regarding conservation area)
Please provide the letter regarding the conservation area that O'Hare was talking about at the
Commission meeting on 7110115.
Dear Patricia Randolph [mail to: natsvrandolohQgmail.coml,
The Town of Gulf Stream received your public records requests on July 16, 2015. You should be
able to view your original requests at the following link htto://www2.gulf-
stream.org/weblink/0 /doc /58475 /Pagel.gVx. In future correspondence, please refer to this
public records request by the above referenced numbers.
The responsive documents can be found at same above link.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records