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Home My Public Portal About02/01/1989COMMISSIONERS 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 t • 1 :•�•• IDI 1 February 1, 1989 MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33453 TEL.: GULF STREAM (407) 2755115 Town Manager WILLIAM E. GWYNN Assistant Town Manager -Town Clark BARBARA GWYNN Chief of Police JAMES GREER The meeting was called to order at 9:00 a. m. by William A. Mayer, Chairman. 1 2. 3 Roll Call Present: William A. Mayer Charles E. Eaton William Lynch (Mrs. Joan Orthwein) Sherwood Sheehan Also present: Barbara Gwynn Richard Brardt Joel Barlow Robert Hopkins Joel Ware Charles Wanio r _ :•_ • J •- :•. • J •- Town Clerk Code Enforcement Officer E1 Cortijo resident Pres., E1 Cortijo Association E1 Cortijo resident Petitioner Walsh Family Representative On motion duly made and seconded the Minutes of the January 4, 19139 meeting were approved. Site Plan Review. Mr. and Mrs. Denberg. All Code requirements having been met 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. 5. After examination of plans and discussion the Board on motion duly made and seconded approved the Site Plan as presented. No variance is required. Inasmuch as this request presented certain problems the Board took no action. Planning & Zoning Board Meeting February 1, 1989 Page Two 6. El Corti -jo. Fresh Air Vents in Cara e. 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 - conpliance 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 come before the Board the meeting was adjourned at 9:55 a.m. Clerk JOEL BARLOW EL CORTIJO -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 Teach, 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 COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS JAMES T. SKELLY, JR. LAWRENCE E STAHL i TOWN OF GULF STREAM PALM BEACH COUNTY. FLORIDA MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 73487 TEL.: GULF STREAM (407( 278.5118 Town Manager WILLIAM E* GWYNN PLANNING AND ZONING BOARD Assistant Town Manager -Town Clark DATE. 1 `G G q BARBARA GWYNN Chief of Police JAMES GREER 9 A.M. AGENDA COMMISSION CHAMBERS Please be advised that if a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Town does not provide or prepare such a record. 1. Roll Call. 2. Approval of Minutes, January 4, 1989 3. SITE PLAN REVIEW Mr. and Mrs. Denberg Lot 9 Block D. Palm Beach Shore Acres Single Family Residence 4. SITE PLAN REVIEW Mr. and Mrs. Stiritz 1421 N. Ocean Blvd Single Family Residence 5. Replat Request Michael —Mark and William Walsh Lot 7 and Portion of Lot 6 Gulf Stream Ocean Tracts. 3545 North Ocean. 6. E1 Cortijo Fresh air vents in garage. 7. Board Member Comments 8. Comments from public 9. Adjournment. '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 f idizvoo a"wreirm Z;mlosYi Salve Ganesh Hedendal William O'Hey Timothy Farris Jim Sherman Richard Beattie MAIL ADDRESS 100 SEA ROAD GULF STREAM, FLORIDA 33483 TEL: GULF STREAM (407( 2785118 Town Manager WILLIAM E. GWYNN Aaeletant 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 Au 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. C_� L IN TOWN 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 33083 JAMES E. CROSS TEL.: GULF STREAM (407) 275.5116 JAMES T. SKELLY, JR. LAWRENCE E. STAHL Town Manager WILLIAM E. GWYNN PLANNING AND ZONING BOARD Assistant Town Manager -Town Clerk DATE. C 1 p5 BARBARA GWYNN r 17• / Chief of Police JAMES GREER 9 A.M. AGENDA COMMISSION CHAMBERS Please be advised that if a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Town does not provide or prepare such a record. 1. Roll Call. 2. Approval of Minutes, January 4, 1989 3. SITE PLAN REVIEW Mr. and Mrs. Denberg Lot 9 Block D. Palm Beach Shore Acres Single Family Residence 4. SITE PLAN REVIEW Mr. and Mrs. Stiritz 1421 N. Ocean Blvd Single Family Residence 5. Replat Request Michael -Mark and William Walsh Lot 7 and Portion of Lot 6 Gulf Stream Ocean Tracts. 3545 North Ocean. 6. El Cortijo Fresh air vents in garage. 7. Board Member Comments 8. Comments from public 9. Adjournment. C 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 C' 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 33483 TEL: GULF STREAM (407) 27 6-5118 Town Manager WILLIAM E. GWYNN Assistant 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 Au 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. �� Ima Bt County Commissioners ro A. Roberts, Chair Carol J. Elmquist, Vice Chairman Karen T. Marcus I)orothv VVilkco n Watt December P7, 138D Town of Rv]fsk"ea/o 246 Se, Road Gu]fstream, Florida 33444 Gentlemen, County Administrator Jan Winters Department of Planning, Zoning & Building The attached complaint was registered with t|/is office, Upon c'vr investigation It was det"rminnd that Lhe property subject t, the complajnt is ]acateJ within your municipal houndaries. In an effort to cocperaCe [ am forwarding same to y�, for yo'a^ review. ' Sincerely, I rr "ry ), e rQ Code "rcowent Divi��ion TV/jhm 3400 BELVEDERE ROAD . WEST PALM BEACH, FLORIDA 33406 . (407) 471-3520 Up PALM BEACH COUNTY PLANNING, ZONING G BUILDING 21/38 INSPECTION SCHEDULE C.E.O. : 10 S 114PLAINT ;P : C3812200029 TAKEN BY : KRW XTURE OF COMPLAINT : PUT IN PERMANENT SHUTTERS — CAUSING AIR POLLUTION. _LEGED VIOLATOR : PREMISES : 1171 N OCEAN BLV PAGE : 1 SUB DIVISION : GULSTREAM SUB DIV;d: =CTION TWNSHIP: RANGE: LOT: BLOCK: CITY CODE: 000 5 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. >t s cLyl lop ., 'U STATE OF FLORIDA DISTRICT I\ DEPARTNIE,N'T OF HEALTH AND REHABILITATIVE SERVICES December 22, 1988 Joel Barlow E1 Cortijo - 2BN 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 El 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 one 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 El 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 IM SEA ROAD GULF STREAM, FLORIDA 00450 TEL.: GULF STREAM 14071276 5110 Town Manager WILLIAM E. GWYNN Aealalanl 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 questions on the matter, please feel free to call me. Sincerely, Richard R. Brandt Building'.Code Enforcement Officer JOEL BARLOW EL CORTUO -2SN II71 NORTH OCEAN BOULEVARD GULFSTREAM, F'LORIOA 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 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. I am hopeful that the Department can be helpful in its solution. Sincerely, pw i` ss k 0 0 S.R. A.tA. TM I I Y I Imo' 19, I. 01 � �3' Lnn�llI I IS m7 i �i NI I I�3 I I Iii � t I Ir 1 V �L Nv N� = TI T y r a 1 m v Z _ X10 0 ATLANTIC - OCEA N "voro.imn. 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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 recommendation of the Planning and Zoning Board to approve said drainage plans. b) Final Site Plan Review. Single Family Residence Mr. and Mrs Pere 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 Mrs. Denberg. 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. d) Site Plan Review - Swimning Pool. Dr. and Mrs Jared Lot 62 Place Au 9 lerl. On motion duly made and seconded the Commission 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 involvement 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: jCT -31 -1988 10:50am 88-30-1416 Record and Return to: Suzanne Brotman, Esquire ORB 5856 Ps 402 Baskin Flaherty et al i 1600 South Dixie A G R I E M E N T Boca Raton, FL 33432 THIS AGREEMENT made this 5th day of nrtnhar , 1988 by and between HOWARD ET C AB,POTT and E L G. ABBOTT, his _. tie =� wife, (Abbott) and GERALD DONATY and MARIA LUZ DONATY, his wife, (Donaty) and ROBERT DEJKA 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 I.ot 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 & 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 P9 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 Records of Palm Beach County, Florida, is hereby abandoned; and in its place shall be an easement as set forth on Exhibit B hereto for the use and benefit of the current and future owners and inhabitants of said Lots 8 and 9 for ingress and egress, and travel to and from the public highway and to and from the shore or beach of the Atlantic Ocean. 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. Vaas o Howar C. Abbott STATE OF :Z1.- I iV -' 1,5 COUNTY OF (/_m rn `L_ 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 .j--qt, day of(( 1988. r (dal}=? STATE OF Y L (N!l / S COUNTY OF a Notary Public My Commission Expires: G $' & ETHEL b 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 day of 1988. Notary Public My Commission Expires: t)pr( /�/ -U r� ORB 5856 Pe 405 F ank J. 1 on p ERAL� S o Gernl "d ' Wftaty STATE OF NEW JERSEY 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 appearedGEF?Ai ` 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. LL L...,., o y u c- E} a A. Johnson Q 0 my Commission Expires: t' WUZADETH A. JOHNSON h A NOTARY PUBLIC OF NEW JF.R9EY CmMn4m Doll Oct, & IB®1 `Frank J. Jo lu s s tojyaria Lu2� onaty STATE OF NEW JERSEY COUNTY OF :RSET MARIA 'LUZ 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. ��, Not y Pu is - E zabe A1Johnson .(Seal) My Commission Expires: c. r _ w K!?AEIETH A. J01iNSON A NOTARY PUBLIC OF NEW J99EY P A,A, C 'Iqi E,1*98 Oct. B. 1901 ORE 5856 Pe 406 STATE OF t1-t,1 UO /S COUNTY OF —41.9,p(- I Hereby Certify that on rhis 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 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 1c)j. day of 1988. =Public,Slate LAL" NGER (Seal) of Illinois s 7/25/88 STATE OF 1L LI �o1s COUNTY OF C-P-o ( Notaty Fublic My Commission E OFFICIAL SEAL ROBERTA R. BOOKSTEI NOTARY PUBLIC, STATE OF ILLIN( MY COMMISSION EXPIRES 8 /1 /' e OFFICIAL- SERI - ABL L. FELBINGER I hIIY PUBLIC. SIATE OF I UMUS COMMISSIOII EXPIRES 18'IM92 I Hereby Certify that on this clay, 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 /aft day of 1988. (Seal) "OFFICIAL SLAL" KARL L FELBINGER � No Public, State at Illinofs My Commission EzDlfq 7/25/88 My Commission Expires: K /tiO L .1AL S EqL rL L' LBI�NC,, flip F r,I1/I;livll PIR[SF I UVIS M ORE 5856 PQ 407 FN I:XIIZItI'I' A �n 3 Ia �i • � �a�l S h? .r A -I -A �r6• e�errtAlr % �.._� �••ean srwae Y .tizww ewurwen � ' wr.•T•.t • /.ns.ze -- ILV02' � • . ' � � iiuo• Plr :'.:: U � � 5 n �, ui �� iii;• . �O � �roJf U _ r �. n 0 ea �• zn• v. vwlan• J n rt! •�itSJ- 'E!'.'`.}�.:x$Y!�Fi : =i' ,? tj IN tj If 1 sz.o•� iv+ ,�, 1 `a pnii a, "a AN '1a= t••'''111 f T.r• S�Acr 40 ' ORB 5856 Pe 408 /il /6,PE5S �'G,P�'s5 E",4sE�YlE.t/T DESCRIPTIONi THAT PART OF LOTS 8 AND 9, BLOCK D, REVISED PLAT �a�SBdg� 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 AI4D A CENTRAL ANGLE OF 41 °24'35 "; THENCE EASTERLY, ALONG 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 54054'01"; 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 9; 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 OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 8; THENCE WEST, ALONG SAID PARALLEL LINE, 250 FEET MORE OR 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 96018'36 "1 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 10 THE WEST LINE OF SAID LOT Si THENCE SOUTHERLY, ALONG SAID WEST LINE, 15.11 FEET TO THE SAID POINT OF BEGINNING. � 0 R, H IN � a - W 1 N 0 h' 1 ` �NO.elf� D lip \7Or 9r�`¢�Tic OTBRIEN, =NITER & O'NRIEN, INC. ENGINEERS, SURVEYORS, LAND PLANNERS 2601 NORTH FEDERAL HIGHWAY, DELRAY BEACH, FLORIDA �� /V�l' a J p LL p w>- W LL Z Y �1) Z� w0�- > U C 0 2 m ❑ O¢ZC w m O y p J � a '`" a� o tA N R% N � 8'I � ti T C� �\ M 1 ` �NO.elf� D lip \7Or 9r�`¢�Tic OTBRIEN, =NITER & O'NRIEN, INC. ENGINEERS, SURVEYORS, LAND PLANNERS 2601 NORTH FEDERAL HIGHWAY, DELRAY BEACH, FLORIDA �� /V�l' a J p LL p w>- W LL Z Y �1) Z� w0�- > U C 0 2 m ❑ O¢ZC w m O y p J � a t 4 r. t. ir 4a 777 Oz, t5F! A& t' --k -WWI II ... ... . .... Tn. Lit g L k k VAT vt NP 4j,;e: p kli tJ tf tr LLI C7 Lu LIJ t. k1l, A t 4 r. t. ir 4a 777 Oz, t5F! A& t' --k -WWI II ... ... . .... Tn. Lit g L k k VAT vt NP 4j,;e: p kli tJ at q. PROPOStD LVT 8WAIPPRIZ5 ZI-C7 rzn,� M SURVEY L A N D S U R V E Y Ot R S CERTIFICATION vi L y souni, 101 S.E. 6th Avenue, Suite"E 4P - INCORPORATED DehW Beach, Florida 33444 I hereby certify that the SURVEY shown hereon is 7 41 true and correct to the best, of my knowledge and belief as surveyed in the f field under my respons'ible direction in August, 1988; and that TOLERANCES REVISIONS a.t s'd survey cqnforms to the Ninimuln Technical Standards Al , NO. DATE By the Florida Board of I 472.027,11 DECIMAL Florida Statutes. fY + 4P FRACTIONAL t 3 DRAWN BY S&LE MATERIAL t2oo ;rlo* SIE5 + Manuel A. G4ierrez, P.L.S. Florida Certificate No. 41,02 ANGULAR CHWO 4 /-/,1 DATIt DRAWING NO* TRACED APP*D at N ri V LO t /PS :r --4 ---r , 4E::;; DR5`*CRIPTI0NFARENT PARL"M' (Per Attorney's T'tle Insurance Fund Title CosuaJtment No.C-1143550, dated June 20, 1988) A portion of its 6 and 7, GULFSTREAM OCEAN TRACTS, according to the Plat thereof recorded -in Plat Book 16, page 81, Public Records of Palm Beach County, Flolrids ; and a portion of the right of Way of the Ocean Boulevard (Abandoned) described and bounded as follows: On the North, by a line parallel to, and 40 feet southerly from, measured at right angles to, the northerly line of said Let; on on the JV South, i'I'll a line parallel to, and 20 -feet southerly from, mea4ured at right angies to, the northerly 1 ine of said Lot 6; on the West, by the easterly right of way line of the Ocean Boulevard (State Road No. A -1-A); and on the East, -by the waters of the Atlantic Ocean. DESCRIPTION -SUBJECT PARCEL (By this Office) A parcel of land being a portion of Lots 6 and 7. GULFSTREAM OCEAN TRACTS, according to the Plat thereof as recorded in Plat Book 16,, Page 81 of the Public Records of Palm Beach County% Florida; being more particularly described as follows: Beginning at the intersection of the Easterly Right -of -Way line of Ocean Boulevard (State Road A -1-A as shown on Florida Department of Transportation Right -of -Way map, Section 9306, Sheet I Of 3) with a line parallel with and 20.00 'If eet Southerly of . as measured at right angles to, the Northerly line of said Lot 6. said point lying on a curve concave to the West, having a radius of 5311.51 feet, and through which a radial line bears South 75041"44" East; thence Northerly along said curve and along said Right -of -Way line,, through a central angle of 01*05'38" , a distance of 10C- ®4 feet to a point of non -tangency; thence South 84* 16'00" East a distance of G1. 15 feet; thence South 05044'00" West a distance of 3-Z,90 feet; thence South 840 16'00" East a distance of 57.70 feet; thence North 050 44' 00" East a distance of 32.90 feet; thence South 840 16' 00" East a distance of 153.78feet more or less to the apparent high water line of the waters of the Atlantic Ocean; thence South 030 13'16" West along said line, a distance of 105.10 feet more or less to the aforementioned parallel line; thence North 84'0 16'00" West along said parallel line,, a distance of 292 feet more or less to the POINT OF BEGINNING. Containing 0-G37acres, more or less. Subject to easements., restrictionsx reser vationss Rights -of -Ways and covenants of recordli. NOTES: 1- The North line of Lot 7, GULFSTREAN OCEAN TRACTS is assumed to bear South 840 16'00" East and all other bearings shown hereon are relative thereto. 2. Acreage shown hereon 'is based on measurements to the APPARENT HIGH WATER LINE of the Atlantic Ocean. Per the client's request, no reference is made to the Coastal Construction Setback Line. 3. No title or abstract work has been performed by this office. There may be instruments of record which may affect this survey. 4. Reproductions of this survey are not valid unless embossed with the seal of the signing Surveyor. &)c X, 0067fD PROPOStD LVT 8WAIPPRIZ5 ZI-C7 rzn,� M :r --4 ---r , 4E::;; DR5`*CRIPTI0NFARENT PARL"M' (Per Attorney's T'tle Insurance Fund Title CosuaJtment No.C-1143550, dated June 20, 1988) A portion of its 6 and 7, GULFSTREAM OCEAN TRACTS, according to the Plat thereof recorded -in Plat Book 16, page 81, Public Records of Palm Beach County, Flolrids ; and a portion of the right of Way of the Ocean Boulevard (Abandoned) described and bounded as follows: On the North, by a line parallel to, and 40 feet southerly from, measured at right angles to, the northerly line of said Let; on on the JV South, i'I'll a line parallel to, and 20 -feet southerly from, mea4ured at right angies to, the northerly 1 ine of said Lot 6; on the West, by the easterly right of way line of the Ocean Boulevard (State Road No. A -1-A); and on the East, -by the waters of the Atlantic Ocean. DESCRIPTION -SUBJECT PARCEL (By this Office) A parcel of land being a portion of Lots 6 and 7. GULFSTREAM OCEAN TRACTS, according to the Plat thereof as recorded in Plat Book 16,, Page 81 of the Public Records of Palm Beach County% Florida; being more particularly described as follows: Beginning at the intersection of the Easterly Right -of -Way line of Ocean Boulevard (State Road A -1-A as shown on Florida Department of Transportation Right -of -Way map, Section 9306, Sheet I Of 3) with a line parallel with and 20.00 'If eet Southerly of . as measured at right angles to, the Northerly line of said Lot 6. said point lying on a curve concave to the West, having a radius of 5311.51 feet, and through which a radial line bears South 75041"44" East; thence Northerly along said curve and along said Right -of -Way line,, through a central angle of 01*05'38" , a distance of 10C- ®4 feet to a point of non -tangency; thence South 84* 16'00" East a distance of G1. 15 feet; thence South 05044'00" West a distance of 3-Z,90 feet; thence South 840 16'00" East a distance of 57.70 feet; thence North 050 44' 00" East a distance of 32.90 feet; thence South 840 16' 00" East a distance of 153.78feet more or less to the apparent high water line of the waters of the Atlantic Ocean; thence South 030 13'16" West along said line, a distance of 105.10 feet more or less to the aforementioned parallel line; thence North 84'0 16'00" West along said parallel line,, a distance of 292 feet more or less to the POINT OF BEGINNING. Containing 0-G37acres, more or less. Subject to easements., restrictionsx reser vationss Rights -of -Ways and covenants of recordli. NOTES: 1- The North line of Lot 7, GULFSTREAN OCEAN TRACTS is assumed to bear South 840 16'00" East and all other bearings shown hereon are relative thereto. 2. Acreage shown hereon 'is based on measurements to the APPARENT HIGH WATER LINE of the Atlantic Ocean. Per the client's request, no reference is made to the Coastal Construction Setback Line. 3. No title or abstract work has been performed by this office. There may be instruments of record which may affect this survey. 4. Reproductions of this survey are not valid unless embossed with the seal of the signing Surveyor. &)c X, 0067fD PROPOStD LVT 8WAIPPRIZ5 ZI-C7 rzn,� M SURVEY L A N D S U R V E Y Ot R S CERTIFICATION souni, 101 S.E. 6th Avenue, Suite"E - INCORPORATED DehW Beach, Florida 33444 I hereby certify that the SURVEY shown hereon is 7 true and correct to the best, of my knowledge and belief as surveyed in the f field under my respons'ible direction in August, 1988; and that TOLERANCES REVISIONS a.t s'd survey cqnforms to the Ninimuln Technical Standards adopted by (EXCEPT AS"OTtOl NO. DATE By the Florida Board of Land Surveyors pursuant to• Sect ion 472.027,11 DECIMAL Florida Statutes. + FRACTIONAL t 3 DRAWN BY S&LE MATERIAL t2oo ;rlo* SIE5 + Manuel A. G4ierrez, P.L.S. Florida Certificate No. 41,02 ANGULAR CHWO 4 /-/,1 DATIt DRAWING NO* TRACED APP*D