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Home My Public Portal About02/01/1989 * Planning & Zoning MeetingTOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS MAIL ADDRESS 100 SEA ROAD WILLIAM F. KOCH, JR, Mayor GULF STREAM, FLORIDA ALAN I ARMOUR, Vice Mayor PLANNING & ZONING BOARD MEETING 77463 JAMES E. CROSS TEL GULF STREAM 14071 2765116 JAMES T. SKELLY, JR. LAWRENCE E. STAHL February 1, 1969 Town Manager WILLIAM E. GWYNN Assistant Town Manager -Town Clerk MINUTES BAR13AFIA GWYNN Chief of Police JAMES GREER The meeting was called to order at 9:00 a. m. by William A. Mayer, Chairman. 1. Roll Call Present: William A. Mayer Chairman Charles E. Eaton Vice-chairman William Lynch Board Member (Mrs. Joan Orthwein) Board Member Sherwood Sheehan Board Member Also present: Barbara Gwynn Town Clerk Richard Brardt Code Enforcement Officer Joel Barlow E1 Cortijo resident Robert Hopkins Pres., E1 Cortijo Association Joel Ware E1 Cortijo resident Charles Wanio Petitioner Walsh Family Representative 2. On motion duly made and seconded the Minutes of the January 4, 1989 meeting were approved. 3. Site Plan Review. Mr. and Mrs. Denberg. Lot 9, Block D. Palm Beach Shore Acres. All Code requirements having been net and previous problems of easements having been solved and no variance required the Board, on motion duly made and seconded approved the Site Plan as submitted. 4. Site Plan Review. Mr. and Mrs. Stiritz, 1421 N. Ocean Blvd. After examination of plans and discussion the Board on motion duly made and seconded approved the Site Plan as presented. No variance is required. 5. Replat Request. Michael -Mark and William Walsh Lot 6. Gulf Stream Ocean Tracts. 3545 North O Inasmuch as this request presented certain problems the Board took no action. Planning & Zoning Board Meeting February 1, 1989 Page Two 6. E1 Cortijo. Fresh Air Vents in Garage. Mr. Barlow presented his account of the problem. Mr. Hopkins, President of E1 Cortijo Resident's Association,spoke on the Board of Directors decision to close the vents and resident support of their decision. Mr. Ware spoke in support of said decision. All speakers referred to a Health Department letter on this matter. Copy of said letter is attached. Mr. Brandt stated closing the vents violated a Town of Gulf Stream Ordinance. Mr. Hopkins said the Association will have further testing done at once and will supply the testing results to the Town. Also, the vent covers will be removed immediately to comply with Town Ordinance requirements. 7. Dr. Creveling brought to the attention of the Board a possible non- compliance of a neighbor on landscaping. Chairman Mayer assured Dr. Creveling no Certificate of Occupancy will be issued until the site is in compliance. 8. Mr. Waino presented plans to enhance the front of his home at 1304 North Ocean Boulevard to the Board. After examination of plans and discussion the Board on motion duly made and seconded approved the plans as presented. There being no further business to came before the Board the meeting was adjourned at 9:55 a.m. w ';ITown Cler mil /i �— e'. JOEL BARLOW EL CORTUO -2BN 1171 NORTH OCEAN BOULEVARD GULFSTREAM, FLORIDA 33444 December 8, 1988 Ms. Sylvia Pfahl Environmental Specialist Division of Environmental Health Palm Beach County Public Health Unit Post Office Box 29 West Palm beach, Florida 33402 Dear Ms. Pfahl: I am indeed grateful to you for your will- ingness to discuss so fully with me the significance of your letter of November 10, 1988, addressed to our manager here at E1 Cortijo Condominium. Since your testing on November 9, 1988, as to the presence of carbon monoxide, the E1 Cortijo Board of Directors met on November 12, 1988, and considered your report. The minutes of the Board meeting state as follows: "Mr. Trail reported that a representa- tive of the Environmental Section visited E1 Cortijo on Wednesday, November 9, 1988, at approximately 10:45 a.m. and made pollu- tion tests in the garage, lobby and apart- ment areas. The representative reported that there was not a problem in any area and would submit a written report to the manager. The representative commented that one person smoking a cigarette in the manager's office would cause more air pol- lution than found in the E1 Cortijo garage." Your letter of November 10, 1988, makes it very clear that you made no finding or determination that there was no problem of pollution in any area of the garage or building. You have confirmed this in our discussion. Ms. Sylvia Pfahl December 8, 1988 Page Two As requested, you tested only for carbon monoxide levels and the levels at that particular time of the day. You explained that the Department does not have testing equipment for other pollutants that may cause and exacerbate respiratory diseases. It is my understanding that shutting out the normal flow of fresh air from the four large (approximately 8' x 6') window -well openings directly across the garage from the large exhaust fans (as purposely designed) measurably increases pollution particularly in the center of the garage where the well openings and fans are located and may at times under certain conditions cause an increase in ollu- tion to unacceptable levels. It is also my understanding from our dis- cussions that your letter of November 10, 1988, is not to be interpreted as the Department condoning or approving the shut -off and closing of the large 8' x 6' window -well fresh -air openings for extended periods as was the case this summer and fall. The metal covers are easily removed after a hurricane emergency. I would hope that the Department of Health could see its way clear to encourage the Board of Directors to resolve all doubts as to levels of pollution in favor of maximizing the flow of fresh air into the garage in the interest of the health of the residents and the employees. The manager's office is in the garage area, and it is regularly used'for Board and other meet- ings. I have chronic bronchitis (as do others in the building), and my doctor and I are greatly con- cerned about the pollution and its effect on my attendance at two or three -hour meetings in the manager's office. This summer and fall since the fresh air garage openings have been closed, Mrs. Barlow and I have noticed for the first time an increase in garage fumes and smells coming up the elevator Ms. Sylvia Pfahl December 8, 1988 Page Three shaft to the elevator opening directly into our apartment's foyer. We are on the second floor in the middle tower directly above the center area of the garage where the four large window -well openings have been closed and covered. Thank you very much for your consideration of our problem. I am hopeful that the Department can be helpful in its solution. Sincerely, i COMMISSIONERS TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA WILLIAM F. KOCH. JR., Mayor ALAN I ARMOUR, Vice Mayor JAMES E. CROSS JAMES T. SKELLY, JR. LAWRENCE E. STAHL CONSTRUCTION IN PROGRESS TOWN OF GULF STREAM, FL. JANUARY 1989 TOTAL OF PERMITTED WORK IN PROGRESS $2,204,751.00 Robert Natapow Alan Jared Tom Walsh Mark Pulte Rocco Auri Guard House P. Orthwein REMODELING AND ADDITIONS Selva Ganesh Hedendal William O'Hey Timothy Farris Jim Sherman Richard Beattie MAIL ADDRESS 100 SEA ROAD GULF STREAM. FLORIDA 7346] TEL.: GULF STREAM (407) 2755116 Town Manager WILLIAM E. GWYNN Aealalanl Town Manager -Town Clerk BARBARA GWYNN Chief of Police JAMES GREER 700 Wrightway 935 Emerald Way 1709 N. Ocean 3435 Gulf Stream Rd. 2570 Ave ALL Soleil Place Au Soleil 543 Palm Way 2985 No. Ocean 3345 Oleander Way 2525 No. Ocean 3649 No. Ocean 915 Emerald Row 4220 County Rd. 12 Misc. Repair Jobs, Reroofing -A /C Units - Fences - Gas - Electric. JOEL BARLOW EL CORTIJO -26N II]I NORTH OCEAN BOULEVARD GULFSTREAM, FLORIDA 33444 December 8, 1988 Ms. Sylvia Pfahl Environmental Specialist Division of Environmental Health Palm Beach County Public Health Unit Post Office Box 29 West Palm Beach, Florida 33402 Dear Ms. Pfahl: I am indeed grateful to you for your will- ingness to discuss so fully with me the significance of your letter of November 10, 1988, addressed to our manager here at E1 Cortijo Condominium. Since your testing on November 9, 1988, as to the presence of carbon monoxide, the E1 Cortijo Board of Directors met on November 12, 1988, and considered your report. The minutes of the Board meeting state as follows: "Mr. Trail reported that a representa- tive of the Environmental Section visited E1 Cortijo on Wednesday, November 9, 1988, at approximately 10:45 a.m. and made pollu- tion tests in the garage, lobby and apart- ment areas. The representative reported that there was not a problem in any area and would submit a written report to the manager. The representative commented that one person smoking a cigarette in the manager's office would cause more air pol- lution than found in the E1 Cortijo garage." Your letter of November 10, 1988, makes it very clear that you made no finding or determination that there was no problem of pollution in any area of the garage or building. You have confirmed this in our discussion. Ms. Sylvia Pfahl December 8, 1988 Page Two As requested, you tested only for carbon monoxide levels and the levels at that particular time of the day. You explained that the Department does not have testing equipment for other pollutants that may cause and exacerbate respiratory diseases. It is my understanding that shutting out the normal flow of fresh air from the four large (approximately 8' x 61) window -well openings directly across the garage from the large exhaust fans (as purposely designed) measurably increases pollution particularly in the center of the garage where the well openings and fans are located and may at times under certain conditions cause an increase in op llu- tion to unacceptable levels. It is also my understanding from our dis- cussions that your letter of November 10, 1988, is not to be interpreted as the Department condoning or approving the shut -off and closing of the large 8' x 6' window -well fresh -air openings for extended periods as was the case this summer and fall. The metal covers are easily removed after a hurricane emergency. I would hope that the Department of Health could see its way clear to encourage the Board of Directors to resolve all doubts as to levels of pollution in favor of maximizing the flow of fresh air into the garage in the interest of the health of the residents and the employees. The manager's office is in the garage area, and it is regularly used'for Board and other meet- ings. I have chronic bronchitis (as do others in the building), and my doctor and I are greatly con- cerned about the pollution and its effect on my attendance at two or three -hour meetings in the manager's office. This summer and fall since the fresh air garage openings have been closed, Mrs. Barlow and I have noticed for the first time an increase in garage fumes and smells coming up the elevator Ms. Sylvia Pfahl December 8, 1988 Page Three shaft to the elevator opening directly into our apartment's foyer. We are on the second floor in the middle tower directly above the center area of the garage where the four large window -well openings have been closed and covered. Thank you very much for your consideration of our problem. 2 am hopeful that the Department can be helpful in its solution. Sincerely, pw Cmumty Commissioners 0�5 (if A. Roberts, Chair Carol J. [ioiguist. Vice Chairman Karen T.Marcus ut6y VVilkru Decemhu` .`7, 1"= Town . [ O"1fv1,'"i,/ 246 S"� Oo^J Oulfs\ream, Florida 33144 Gentlumen, County Administrator Jan Winters Department of Planning, Zoning & Buildiiig The attached complaint wa5 registered with this office, iipo, ,,r "estigatic/. it ~04 de"m.neA that the |`rOperty s^bjert K. (i`+ complaint is l''cate./ v/|!/z* your municipal houodaries� In an effort to cnnperaLe I am forwarding same to y^// for /,,.'' review" Sincerely, C L! , r *rl "VIY ode orcement Division TV/jbm 34MO BELVEDERE RnAr.3 - WEST PALM BEACH, FLORIDA 33406 . (407) 471-3520 0 Up PALM BEACH COUNTY PLANNING, ZONING E BUILDING 121/33 INSPECTION SCHEDULE S C.E.O. IMPLAINT 11 : 03812200029 TAKEN BY : KRW 1TURE OF COMPLAINT : PUT IN PERMANENT SHUTTERS - CAUSING AIR POLLUTION. _LEGED VIOLATOR : PREMISES : 1171 N OCEAN BLV PAGE : 1 SUB DIVISION : GULSTREAM SUB DIV t: =CTION TWNSHIP: RANGE: LOT: "LOCK: CITY CODE: 000 i FT BOUNDARY: ENTIRE LOT: GENERAL: - MOWING - CUTTINGS - R/W SIGHT DIST. - BRUSH - TRASH /DEBRIS - NO VIOLATION - FLORIDA HOLLY - CONSTRUCTION MATERIAL - LOW HANGING BRANCHES - DEAD TREES /LOGS - OTHER MARKS: EAST OF ELCARTIJO CONDO. COMPLAINANT SYLVIA PFAHL HEALTH DEPT 820 -3018 PLEASE CALL. 'wk &2 Y, top STATE OF FLORIDA DISTRICT IX DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES December 22, 1988 Joel Barlow E1 Cortijo - 213N 1171 North Ocean Blvd Gulfstream, FL 33444 Dear Mr. Barlow: In response to your letter dated December 8, 1988 and our subsequent telephone conversation on December 16, 1988 let me reiterate the purpose of my November 9, 1988 visit to E1 Cortijo. A member of E1 Cortijo's condo association requested the Palm Beach County Health Department check the level of carbon monoxide within the parking garage located beneath the condominiums. Bob Trail, manager, accompanied me while I monitored for carbon monoxide. Since I was requested to check only for carbon monoxide, no additional tests were conducted for other vehicle exhaust pollutants, such as particulates, nitrogen oxides, and total hydrocarbons. Even if requested to check for these pollutants, the Health Department does not have the sophisticated, portable equipment capable of such air testing due to the low concentrations normally encountered in ambient air. However, we do have equipment specifically designed to test emissions directly from the vehicle exhaust. It appears your Board of Directors misconstrued my findings to mean the garage was free of all pollutants, problems, or possible health hazards. The fact is while I was at E1 Cortijo I commented to Mr. Trail that the hurricane shutters installed indefinately over the three large louvered fresh air openings in the garage may be compounding the problem of reported exhaust odors within the condominiums. If you or your Board check the condominium's approved, original building design, you'll probably find the three openings and three exhaust fans designed as one functioning unit providing fresh air to dilute the garage pollutants and exhausting them outside. Presently all make -up air must come through the garage entrance rather than proportionately throughout the garage as intended. PALM BEACH COUNTY PUBLIC HEALTH UNIT P.O. BOX 29, WEST PALM BEACH,FL.,33402 BOB MARTINEZ, GOVERNOR GREGORY L. COLER, SECRETARY Joel Barlow December 22, 1988 Page Two As for specific health effects on older individuals with respiratory problems caused by inhaling the air within the garage, I suggest they contact their physician or a physician specializing in occupational medicine or respiratory problems. I hope this clarifies my investigation and findings and why the shuttered openings were not addressed originally. Sincerely, S via if Environmental Specialist Division of Environmental Health SP /mm COMMISSIONERS WILLIAM F KOCH, JR.. Mayor ALAN I ARMOUR, Vice Mayor JAMES E CROSS JAMES T SKELLY, JR, LAWRENCE E STAHL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA December 19, 1988 Mr. Robert Hopkins III Presiden E1 Cortijo Condominium Assoc. 1171 NOrth Ocean Blvd. Gulf Stream, F1 33483 Dear Sir: MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 0D4a1 TEL GULF STREAM (407) 276.5116 Town Manager WILLIAM E. GWYNN Aaeletant Town Manager Town Clerk BARBARA GWYNN Chief of Police JAMES GREER It has come to the attention of this department that exhaust gas odors from the lower level parking garage area are entering the upper building thru the elevator shafts. Upon investigation we have found that the fresh air intakes to the lower level parking area have been closed off. It is very important that the fresh air intakes be left open if you plan to continue using the lower level parking area. If you have any problems or further question's on the matter, please feel free to call me. Sincerely, Richard R. Brandt Auilding',Code Enforcement Officer i- � I U I I I �a I VfN H I � I � 9 I I u � O Jr., I 1 L___ ___ _ ___ •1_J _ 1. /r ,• Gi • did I I , I I , I 1 I ' I � , I I ' ' � , I I i I I I , 1 , I I I r-------- - - - - -J ---- - - - - -- ' � I ' I I I , , ' I I ' I I I , � I , I I I_____________ 4_ I I I I I I I I ' I I I I L__________________________ J ' j j j F SINGLE FAMILY RESIDENCE Ip j - R MITCHELL & LISSE DENBERG 0 VfN uliGmm�uununuunnunm0liiiiiirunnwiicnuuuunnimilillliliiiiiinig� neeuv ,_ P1FiNJII �1111YIIIIIIIIIIIII WIIIi�I11r1IM11�11 Iflf I I u � O Jr., I 1 L___ ___ _ ___ •1_J _ 1. /r ,• Gi • did I I , I I , I 1 I ' I � , I I ' ' � , I I i I I I , 1 , I I I r-------- - - - - -J ---- - - - - -- ' � I ' I I I , , ' I I ' I I I , � I , I I I_____________ 4_ I I I I I I I I ' I I I I L__________________________ J ' j j j F SINGLE FAMILY RESIDENCE Ip j - R MITCHELL & LISSE DENBERG 0 CR l SINGLE FAMILY RESIDENCE for MITCHELL & LISSE DENBERG No In no sm no ON mm Im In HIM 11111, GULFST2E4kl PI SINGLE-FAMILY RESIDENCE for 4 v t v g o MITCHELL 8 LISSE DENBERG d r R S ynal A )1 y IS Fi 'S f` it r M SINGLE ITCHELL 8I ISSE DEN ERG :►F z* 8 � �z r v D f i SINGLE FAMLY RESIDENCE I MTCF ELL&LISSE DENBERGor GaFSTREAtAFL. (mil f �M ■ ■ ■ ■ ■■e;ucc� son 0013 a. °fit We dja•1 i° 3 l 9 bl !i g +a � 39 1$1ji it t a°°ii �t IMS Fiji €¢ el;; �� "� fill) a ,. ;;( ° Ill ell fit, i 15, 141 g fit 19 11 p U2. o r wd m ; Q �. G E O A gSpy gF �i BSI 1, � gilP ' l�Y C, III R 5 �ch sill (e ° � [roi9 l�l !_� 0.I •� �� x � F £ of y I �Y� i � jkjy_ papw d: Y� G�p� Y3 ,ppS Y^ qqyy YM�`� 3 tl ppmm{Y Y�pgbpq�^ 4 K €a y3 � � •v ■pq �'pQ YY � "1 Y d. �7tl 3 = � ^a� FI �� ai n�N � �a •!�� F� �� , ?T j� F �n p� b� "X a. °fit We dja•1 i° 3 l 9 bl !i g +a � 39 1$1ji it t a°°ii �t IMS Fiji €¢ el;; �� "� fill) a ,. ;;( ° Ill ell fit, i 15, 141 g fit 19 11 p U2. o r wd m ; Q �. G E O A gSpy gF �i BSI 1, � gilP ' l�Y C, III R 5 �ch HUI (e � [roi9 l�l !_� 0.I •� �� F £ y I �Y� i � jkjy_ papw d: Y� G�p� Y3 ,ppS Y^ qqyy YM�`� 3 tl ppmm{Y Y�pgbpq�^ 4 K €a y3 � � •v ■pq �'pQ YY � "1 Y d. �7tl 3 = � ^a� FI �� ai n�N � �a •!�� F� �� , ?T j� F �n p� b� "X a. °fit We dja•1 i° 3 l 9 bl !i g +a � 39 1$1ji it t a°°ii �t IMS Fiji €¢ el;; �� "� fill) a ,. ;;( ° Ill ell fit, i 15, 141 g fit 19 11 p U2. o r wd m ; Q �. G E O A gSpy III �o �ch � [roi9 A vo' #; iA 11111 All ill! pi lf➢ pil l !ilB� gBaeloo "all Maa��3�i�' mll, ill. fill X376 l l� Y 411 3 ,gl A¢ . ail$ Ail( p KI if t 11 wd m ; Q �. G E O A gSpy 11 Town Commission Meeting October 20, 1988 minutes -- MNNEWANWAMN� Page Two 4. Police Report (continued) Chief Greer gave the report for the month of September noting that the summer was crime - free. Commissioners Armour and Cross observed that it might be well to add to the previously noted letter to residents a reminder to have their alarm systems checked. �- 5. Planning and Zoning Board Report a) Drainage plans. Mr. and Mrs. Pulte. Mr. Mayer reported that the drainage plans for the Pulte residence were approved by the Town Engineer noting that another check will be made Prior to issuance of a Certificate of Occupancy. On motion duly made and seconded the Commission accepted the recomendation of the Planning and Zoning Board to approve said drainage plans. b) Final Site Plan Review. Single Family Residence Mr. and Mrs Per( On motion duly made and seconded the Commission accepted the recommendation of the Planning and Zoning Board to approve the plans for the Orthwein residence. C) Site Plan Review. Single Family Residence, Mr. and Mrs. Denbera. Lot d) Noting that all concerned parties have vacated a prior Easement and have now entered into a new Easement Agreement which conforms basically to the road as it exists, attorney for Mr. and Mrs. Denberg gave the Agreement to Mr. Hawkins on request of Mayor Koch, for legal review. Site Plan Review - Swimming Pool. Dr. and Mrs. Jared. Lot 62. Place Au On motion duly made and seconded the Comnission approved this request. Mr. Mayer presented the name of Mr. Sherwood Sheehan to fill the vacancy on the Planning and Zoning Board. on motion duly made and seconded the Commission approved this request. 6. County -wide Health Care Taxing District Represented by Ms Gloria Collins Ms. Collins spoke on the need to establish an over-all County -wide taxing district noting the absence of a Trauma Network, the composition of a governing Board, hospital and doctor involvemit and costs. Mr. Gwynn read the Title of Town of Gulf Stream Resolution 88 -8 in support of a Palm Beach County Health This instrument prepared by: = t-- i- 'J1-1"B 10:50am 88- 301416 'Record and Return to: Suzanne Brotman, Esquire ORB 5856 ?9 402 Baskin Flaherty et al 1600 South Dixie A G R E E M E N T Boca Raton, FL 33432 THIS AGREEMENT made this 5th clay of nr tnho 1988 by and between HOWARD C AB•POTT and ETHFrL G. -)k r ABBOTT, his the / in Deed Book 639, Page 443 wife, (Abbott) and GERALD DONATY and MARIA LUZ DONATY, his wife, ( Donaty) and ROBERT DEJRA and THERESIA DEJKA, his wife, ( Dejka) . W I T N E S S E T H: WHEREAS, Abbott and Donaty each own portions of certain real property described as Lot 8, Palm Beach Shore Acres, Blk D, according to the Revised Plat, Blk D & F., Palm Beach Shore Acres (Ocean Boulevard Estates) recorded in Plat Book 7, Page 38, Public Records of Palm Beach County, Florida; and WHEREAS, Dejka owns Lot 9, Palm Beach Shore Acres, Blk D, according to the Revised Plat, Blk D 6 E, Palm Beach Shore Acres (Ocean Boulevard Estates), recorded in Plat Book 7, Page 38, Public Records of Palm Beach County, Florida; and WHEREAS, there is a certain purported easement reserved for the benefit of property owners of said lots 8 and 9, Palm Beach Shore Acres dated September 20, 1941 recorded in Deed Book 639, Page 443, Public Records of Palm Beach County, Florida and restated in a certain deed recorded June 28, 1945 in Deed Book 721, Page 21, Public Records of Palm Beach County, Florida; and WHEREAS, the parties hereto desire to abandon such easement and substitute a new easement in its place; NOW, THEREFORE, in consideration of mutual benefits accru- ing to the parties hereto, it is agreed as follows: 1. The parties hereto acknowledge that the above recitals are true and correct. 2. The parties further acknowledge that to the best of their knowledge and belief the easement referred to above was never constructed or used as specifically set forth in the instruments recorded in Deed Book 639, Page 443 and Deed Book 721, Page 21, Public Records of Palm Beach County, Florida, and that instead there exists a paved road on the north side of Lot ORB 5856 N 403 9 and south side of Lot 8. See Exhibit A attached hereto and made a part hereof. The property on each side of said paved road has been used by the respective abutting property owners for many years. 3. The property abutting said paved road has always been maintained by the respective landowners whose property abuts said road. 4. The parties hereto, being all the owners of said Lots 8 and 9, and being the sole beneficiaries of said easement, hereby agree that the easement set forth in Section 2(a) in those certain deeds recorded in Deed Book 639, Page 443 and Deed Book 721, Page 21, Public Rec Florida, is hereby abandoned; and easement as set forth on Exhibit benefit of the current and future said Lots 8 and 9 for ingress and from the public highway and to and the Atlantic Ocean. ords of Palm Beach County, in its place shall be an B hereto for the use and owners and inhabitants of egress, and travel to and from the shore or beach of 5. Notwithstanding the fact that the new easement referred to above extends beyond the paved road onto Lot 9, the current and future owners of said lot shall not be required to widen said road to conform to the easement; and notwithstanding that the paved road encroaches beyond the new easement onto the western portion of said Lot 8, all parties hereto and their successors and /or assigns in title agree to and shall not claim by adverse possession or otherwise any part of the paved road now existing and extending beyond the new easement as set forth in Exhibit B. 6. All land abutting said paved road previously designat- ed as a portion of the original easement, and not part of the new easement as set forth on Exhibit B, shall hereby cease to be part of said original easement and shall revert back without restrictions or reservations to the respective landowners abutting the road. ORB 5856 P9 404 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. (T-4 HOWARD C. AMMT r as to owar Abbott STATE OF 5:1 L�N °/5 COUNTY OF 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, personally appeared HOWARD C. ABBOTT, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day 1988. / Notary Public My Commission Expires: LO ETHEL G . $O 1"F— as to Et e Abbott STATE OF T4-01001-5 COUNTY OF e-q a- 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, personally appeared ETHEL G. ABBOTT, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this /L day of 1988. { >p/– (�s1/ ✓� ,__.l 4�,L4� Notary Public My Commission Expires: r.6 :Ct C_ c� �� F� J .� ghfl on ' § o Gernld aty �- STATE OF NEW JERSEY COUNTY OF • ORB 5856 Pe 405 (URAL� DO 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, personally appeared GTU;L D ' DONATY, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ) day of October. , 1988. NqL y u lc E�zzat -h A. Johnson (Seal) My Commission Expires: t §L! ABETH A. JOHNSON A NOTARY PUBLIC OF t:EV1 JERSEY -• ti!h Cv"wivn F.:-pbvs Oct, 6 1981 Fra n1; J. lJoh S L �' % t �..�o,� MARIA LUZDONATY s to IYazia Luau ona ty STATE OF NEW JERSEY COUNTY OF SOMERSET 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, personally appeared MARIA LUZ. DONATY, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this _day of October, 1988. NotA,Vy Fu is - Ekizabeth AlJohnson (Seal) My Commission Expires: c: &M,7ABETH A. JOHNSON A NOTARY PUBLIC OF LEVI JERSEY C' A* Cuffnw.+im Ergs Oct. 6, 1Bel ORB 5856 P9 406 as STATE OF t1-1,IN0/S COUNTY OF K 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, personally appeared ROBERT DEJKA, to me known to he the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this /p-ff, day of 1988. =Public.State EAL" NGER (Seal) of Illinois s 7/25/88 STATE OF 1k'( -! NO /5 COUNTY OF Go-o( My Commission OFFICIAL SEAL ROBERTA R. BOOKSTEI NOTARY PUBLIC, STATE OF ILLINC MY COMMISSION EXPIRES 8/1/, RL L' ARL L. FELBINGER 1AIty PUBLIC. SIAIE Of EXPIRES IBYjv9 2 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, personally appeared THERESIA DEJKA, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this /D t,_ day of QCfvrGer , 1988. (Seal) "OFFICIAL SEAL" KARL L FELBINGER Notary Public, State of Illinois My Commission Expire 7/25/88 AULacy ruutic My Commission Expires: OF-[-I(- I ILL S i!1/ iY I'lIG`i(; Fri— BI,AyAL ~ C0bli I1" -OlJ MATE OF littIhpR „ EXPIRES 81V9 rl -- - -------- ORB 585OP-3 407 EXHIBIT A C.:7, Q% >i 40 44 aT II O L /'fly /mot /G /A /6,PE5S � G��SS E,45EiyiE,f/T DESCRIPTIONt THAT PART OF LOTS 8 AND 9, BLOCK D, REVISED PLAT ORB 5856 Pe 408 �o /s Xy a ` w 4 � H BLOCK D AND BLOCK E, PALM BEACH SHORE ACRES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 9, BLOCK D; THENCE SOUTHERLY, ALONG THE WEST LINE OF SAID LOT 9 AND ALONG THE EAST LINE OF OCEAN BOULEVARD, 15.11 FEET TO A LINE 15.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 9; THENCE EAST, ALONG SAID PARALLEL LINE, 53.39 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 41 °24'35 "; THENCE EASTERLY, ALO1.1G THE ARC OF SAID CURVE, 10.84 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 96 °18 36 "; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, 42.02 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 54 °54'01 "; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, 14.37 FEET TO A LINE 8.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 91 THENCE EAST, ALONG SAID PARALLEL LINE, 130.00 FEET; THENCE NORTH, 3.00 FEET TO A POINT "A "; THENCE EAST, ALONG A LINE 5.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 9, 250 FEET, MORE OR LESS, TO THE WATERS OF THE ATLANTIC OCEAN; THENCE NORTHERLY, ALONG THE WATERS EDGE, 10 FEET, MORE OR LESS TO A LINE 5 00 FEET NORTH Ie� OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 8; THENCE � WEST, ALONG SAID PARALLEL LINE, 250 FEET MORE OR I \ LESS TO THE INTERSECTION WITH A LINE BEARING NORTH FROM THE AFOREDESCRIBED POINT "A "; THENCE NORTH, 3.00 FEET; THENCE WEST, ALONG A LINE 8.00 FEET NORTH OF AND PARALLEL WITH THE THE SOUTH LINE OF SAID LOT 8, 130.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 54 054'01 "; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, 14.37 FEET Ak TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE N \�d ANGLE OF 96 018'36"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, 42.02 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 41 °24'35 "; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, 10.84 FEET TO A LINE 15.00 FEET NORTH OF AND N WEST, ALONG SAID PARALLEL LINE, 49.69 FEET TO THE WEST LINE OF SAID LOT 8; THENCE SOUTHERLY, ALONG SAID WEST LINE, 15.11 FEET TO THE SAID POINT OF OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 8; THENCE � WEST, ALONG SAID PARALLEL LINE, 250 FEET MORE OR I \ LESS TO THE INTERSECTION WITH A LINE BEARING NORTH FROM THE AFOREDESCRIBED POINT "A "; THENCE NORTH, 3.00 FEET; THENCE WEST, ALONG A LINE 8.00 FEET NORTH OF AND PARALLEL WITH THE THE SOUTH LINE OF SAID LOT 8, 130.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 54 054'01 "; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, 14.37 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 96 018'36"; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, 42.02 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY WITH A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 41 °24'35 "; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE, 10.84 FEET TO A LINE 15.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 8; THENCE WEST, ALONG SAID PARALLEL LINE, 49.69 FEET TO THE WEST LINE OF SAID LOT 8; THENCE SOUTHERLY, ALONG SAID WEST LINE, 15.11 FEET TO THE SAID POINT OF BEGINNING. 091RIE19 $NITER & 096RIEN9 INC. ENGINEERS, SURVEYORS, LAND PLANNERS 2801 NdfkTN *�Fr)ERAi_ H;r;HWAV, pkLFIAY gFxn:i, NL!?'t1[`1 O a _ N _ H 0 I1ti 9r�`¢�Tic I LL a >W- u Z Y w O > U C 4 2 m o <z� x wm0a