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DOCK AND ROADWAY Page 1 of2 Byrne, Nancy From: Costello, Joyce Sent: Tuesday, April 1 0, 2007 5:22 PM To: Blasie,Scott; Byrne, Nancy; Rumpf, Michael; Livergood, Jeffrey Subject: FW: Lakeside Harbor Homeowner Attachments Attachments: DOC070316-001.pdf; nv_34_15533736_img.pdf; nv_525_15507267 _img.pdf; nv_571_15507266_img.pdf; HarborCay1.pdf; HarborCay2.pdf; HarborCay3.pdf; HarborCay4.pdf; HarborCay5.pdf From: Bressner, Kurt Sent: Monday, April 09,20073:45 PM To: Costello, Joyce Subject: Lakeside Harbor Homeowner Attachments Here is the e-mail with the documents I requested on Harbor Cay. I think a meeting with the resident(s) is needed to verify information and to see what the status of their issues. I have also included copies of e-mail responses from staff to this topic as additional pdf files. Ms. Bonnie Jones provided the documents. Please include Jeff Livergood, Scott Blaise, Mike Rumpf and Nancy Byrne as staff in the meeting. Kurt Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: BOnnjO@aol.com [mailto:BOnnjO@aol,com] Sent: Friday, March 16, 2007 9:40 AM To: Bressner, Kurt Cc: Taylor, Jerry Subject: Lakeside Harbor Homeowner Attacments I am attaching the recorded judgement from the Palm Beach Clerk of courts and other pertinent papers regarding the issues outlined below: 1. The road needs to be repaired from the entrance of Dixie Highway to where the current location the road ends, with the footage of property being the indicating factor of price per homeowner. 2. The Dock needs to be repaired immediately as it is a safety concern for all parties and Harbor Cay is showing this dock to prospective buyers and allowing them to access it. Each homeowner will be responsible for their portion of cost, with the exception of Michael Singer as stated in judgement. 3. At the variance hearing for land use, there where issues that needed to be resolved but not limited to, before Harbor Cay could receive a permit. The following are my concerns: a. Building Height along the southeast portion exceed height restrictions for residential development. Excess number of units/per parking ratio. (again, profit should not be a factor in determining use of an area. We all have to live here and pushing the number of buildings over the max allowed will have an impact on the residential homes needing to access the street as well as city services.) b. The front section of the development is fenced, and the grass area that stabilizes the soil is not being properly maintained, causing dirt and debris to cover our yards. 4/1 0/2007 Page 2 of2 Please have the entire construction site fenced. This also leads me to the fact that I do not see a retaining wall along the back east portion of their plans just foliage, is this allowable. I would like to see some privacy from the town homes and separation from town home vs single family. c. There is also the issue with the gate. The homeowners are willing to relocate and share the cost, but again Harbor Cay needs to return the gate and all controls to us in the condition it was in prior damage occurred due to demolition. According to Sid's last verbal conversation with John Yull, he had a meeting with Mayor Taylor. I must ask if the planning and zoning will not approve Harbor Cays request what would the mayor have to input that would make the outcome different. I would like to enact the sunshine law and obtain information regarding that meeting. Please call ASAP today as this is extremely important for all of to move forward. I can be reached at my office (954)492-9191 x 19 or via cell (954)275-2030. AOL now offers free email to everyone. Find out more about what's free from AOL atAQL.com. 4/10/2007 ~~ February 20, 2006 Mr. . John V. YulJ 630 Lakeside Harbo:r Drive Boynto!;lBeach, Fl. 33435 RE: LaJcnltk HtlI'bor Dear Mr. Yull Our Company has acquired several properties within this fine community. As you are aware~ we are in the process to develop exclusive town homes on the pnlperties. Please visit our website at WJ!lw.h~~3Y .C9~ for fw.ther infonnation. We are verY' concerned with the overall appeat'ances of Lakeside Drive and the Community Dock as with the situation (If the once working entl:J Gate. We offer, since we are now the single lw:gest hmQo\\'llel's to sit do...vn with Yf)U to discuss and funn a plan how to improve the Lakeside Harbor Neighborhood as a CO'IWl1unity. We therefore suggest the fol1o~inli; topic: E1It1y Gate: The current inoperative Gate, located on. our proper.ty is not up to code a."1d the orlginal installer is not bterested to do. lmY work. on tbis~e, If t'te rest of the Conununity 'i1tisbes to move the gate, it has to be beyond our property) a 'minimum. of 22' feet of width and a turning lane prior to the gale beyond our property We encourage discussions with all of you so the gate can be removed from. our property COIlUltUllity Doc/(: As you. are aware the current deck is in bad conditions and needs immediate work to ensu:re safety of anyone llsing fhe dock. We would like to setup a committee for the Dock so discussions can be entered in rebuilding The dock and possible extension of it further into the Lake W ortb Lagoon with some Cornrlllmity transient docks. We extend the offer that we would lmdertake this project. \lI/ith us a.~suminJi the bullt '.lfthe 'WOrk to deal '\'lith the proJX:r authorities and futur~ funding. H,,'+"t' C".;.'\', l.Le 6oc. Laiusidt H.41'bollf'. f:~),ntol'l B~ar.b, FlrY-"ida 334.L'i, Tel, J61':.~i4-30.:)Q www.lJflf.bof.t4y..pm Fax: ,;61-134-3<.>05 .... LakesldtJ Rubor Drive.. Vole encourage everybody to work on improving the private road from }lederal Highway to the IntracostaJ Waterway so a better COmrllunity appearance can be found. Again we are prepared to take on this work for the Commwlity. a.fter discussions and consents. We appreciate your time to read our letter and look forward to hear from you and have a. Commuruty meeting within the next 30 days at our Development office at 600 Lakeside Harbor Drive to find solutions toO the subjects. A Sid E. von RoSpclmt President, AmerCan Devclopme.nt, Corp. Manaiing Member Harbor Cay, LLC a groupo tango company Cc: Legal Department B.W.Keiher, Esq, Greenberg & Traurig. P.A. Miami .; . ~~~ , .'. . ~.: ....~ . \.-'" ....~.. ,. '. -'/..... .. ~J~ :" \ ~. " .. . (.":. ,"'-; . . -II . May 31, 2006 To: All Property Owners on Lakeside Harbour Re: Repair to the Dock at the Eastern End of the Easement to Dixie Highway A letter authorizing the agency of Harbor Cay, LLC was presented to the community a few weeks ago, and then a revision to address the concerns of some neighbors. The authorization is for the SOLE PURPOSE of obtaining permits to "Remove and Replace" (R&R) the dock. The authorization does NOT grant favored status to ANY property owner vis-a.-vis rights, access, future obligations or ownership. The latest Authorization of Agency will be reprinted, and a meeting will be held at the Development Office of Harbor Cay at 9:00 am on Saturday, June 3rd, 2006. Your attendance is required only in that your signature is. However, the entire community has much to lose; a plan of action is to be devised, as an entire community, which must not fail. Be advised that our community is mnning out of time before the dock will be ordered condemned by the City of Boynton Beach. If this comes to pass, and the dock is actually removed, there is a significant possibility that the Florida DEP or the Army Corps will not allow what will be considered to be a 'new' dock to be built. Despite assertions to the contrary, the damage to the dock is not reparable with a band-aid, it must be rebuilt from scratch, We have researched the subject. of the R&R of the current dock structure. The FLDEP and Army Corps, for an R&R, are generally accepting for petitions to exactly replace an existing damaged dock. The City of Boynton Beach will not accept an application for the permit to R&R without prior approval from the FLDEP and Army Corps. The FLDEP, and through their auspices the Army Corps, will not accept a petition without the dock owner's signature. Our dock has no 'owner'. The loose affiliation of property owners on Lakeside Harbour each have access rights to the easement, and therefore the dock. Thus, an 'Authorization of Agency' must be signed so that a recognized entity may submit the petition. It is improper for any individual property owner to extort or hold hostage the rights of the majority of the owners, as the loss of the dock will adversely affect the property values of all owners. Litigation to resolve such issue will take time that we do not have. We will lose our dock. Don't let this happen. Kindly R.8. V P. to our office at (561) 734-3000. A continental breakfast will be served. Harbor Cay, LIC 605 Lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005 www.harborcay.col/l ~~~ JatUIiJf'J 4, 2006 rbr Lakeside Harbour Residents, We would like to we~ aU of ~ to a special breakfilst to present the exciting plan roc Harbor Cay Townhomes : Saturday, January 14lh at 9:00am at the IHOP10caredat Hypoluxo & Federal Highway RSVP .561. 734.3COO ~ the course oflreak&st the slllH' of Harbor Cay will introduce ourselves &otrer an overview of our vision fOr our community. Additionally, this will be an open rorum fur any questions or concems that)CU may have. We look fi:nward to seeing you there~ ~~~d~ ..9Z~~.~ HRf'bor Cay) LLC 605 Lalrtsidt Harbor Df'ive, BoynronBeatb) Florida 33435.. rel: 56z-734-30oo Fax: 56z-734-3005 www.bll.bo.ctly.tom FRO"l : . \ FRX NU. ;~~~~~~U . f . I .. .'1. ., '. WARNING TO OWNER: I " ,,' ,'. aYOOR FAILURE TO RECORD A NOT\CE OF COM- CITY 0' BOYNTON BeACH . MENCEMENT MAY RESULT IN YOUR PAYING TWICE BUILDING DlVI~1ON .{. FOR IMP.ROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FlNANC- ~~SULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING 'f'\ron-N<mCE OF COMMENCEMENT: o.te~ "'/O./O~ '~.. MIDI!IlM M -aDClF _ a!!t!.~ ItEsncTDiS AIfUA8LE ~ By: cutl'OE TO 1111 ,,1'HA1' _ ... . N:lMWiI OF 'nil c:auNTY NfJ' nn;. MAY !UII!!IJl'!!!!. __ __..-- -- 10/03/0. ~ _ 011 MlSfCG _~ PIN t~it6a6() li1t$7()' JILDINli PERH:T R REQUIRED: EE BACK F PI MIl CARD FOR RE RED INSPEC'nON. 8edIon -am DvIn. BIOdc Lot PlatIBoalC/PIQt 15 03 000 0 PermIt No.: 060000623;';' - 1tJnlnCI ........ nlOIftv AdchN ~oo LA~EStOE HAR80R 0..1 ubdtvlllon ~ ,.. Addrua --- l!IotOWN SAf1 JR sua $1_1( ~.:,!f.l.1~ -- f1.~W?(j Contrectofa NImIIM.faUIt/~ RA,( QIJAf-HANN f'(A N cONifr (:c. ' 2~60 Nt t~rH sr~~ET pat'fPANCl f.rEACH r-L '33062 9~4 941~~13t.t "...tiC U'-U1719 CRCO::J2J.21 GenI!JlWIAftlhhCt/~ '1~ IWIWI Nlme/AddN$t ofAReoR CAV t.t_C ~i60 NY 159TH OR STF. l~O HAtU: FL 33169 UC ~'1~Slf3~_ CoNruetton en FFE Ft. 'H~~H t~'l!:eB I rYPE- f'UF.; ANO f~Jye: SAr:'ETr II:'~E ." 7'HIS Pf:~"l T F'trE. IS NtH. REFUHOfl\SLI: ... rt~, 1t:Zsi[" !!!* of r:... 35 . O(i N9 INS" UNTl't. ce:P.T/RI!C NOC REe,",' n \JOC (~!(.I ~./.fgle. {f'. y;(t h.1'''.5 ('.( d',fl )I~l ):f&JrJ It I ) f2CrCf. #' 'f / "'1 J'. (",.". ~ ,Vt;;; "",. CIWIII '- ...... ... ~ .,"MolIIM IIllAI .. .......... ... .. .... ..- · ., + ...., , ., .. .. . . ... . """ _ lICIt ...... ....... .... .... . \lIId ..... ..... . - III ........ . ." ,. .. . . . _ .. _......., -':'JI"'-"I'. _ J P1 Date; 4-23-06 To; City of Boynton Beach Planning and Zoning Department P. O. Box 310 Boynton Beach FI 33425 From: Thomas R and Beverley A. Warnke Re: Relocation of existing gate on Lakeside Harbor After discussions with the other property owners here on Lakeside Harbor, we are requesting that the City of Boynton Beach authorize the conceptual relocation of our security gate. Of course, this conceptual approval would be subject to fonnal approval by the department. after submission of detailed plans, When the gate was originally installed by the property owners, we received an agreemem with owners at the west end of Lakeside Harbor, to install a remote control secwity gate on their propelty, including room for a tum-around area in the existing parking area of Lakeside Harbor Apartments. This gate was installed to provide secwity for the private easement road owned by all the property owners on Lakeside Harbor, and has worked properly with access for city and emergency vehicles. Lakeside Harbor is not a city street, and was never dedicated to the city as such. The Lakeside Harbor easement road is private property) deeded by the O'9mers to each property owner to provide access to each home. and to the waten of Lake Worth for those owners. Recently the propeny at the west end of oW' easement road was purchased by a company planning to develop the new Harbor Cay townhouse development, Since our security gate was located within the property borders of the new development, it became obvious that the gate would need to be re-Iocated to the east end of the Harbor Cay property. During demolition of Lakeside Harbor Apartments and clearing for the Harbor Cay property. our gate was slightly bumped by clearing equipment and as a result. has been inoperable. We have received permission from Harbor Cay to rdocate the gate so it will provide security for the Lakeside Harbor easement road east of the Harbor Cay project, and facilitate development of the Harbor Cay project, Since a turnaround area would Deed to be included with a rcmote-controlled gate. we would like to change the gate to an "all-access" gate. Vl.ithout remote control. A motion sensor will allow access for all vehicles. but only when the vehicle approaches to within approximately three feet of the gate. In addition, to plan for any power outages. the gate would always be set up to operate manually. Should there be a power outage. anyone needing access would simply push the gate open by hane!. We believe that our gate would still provide much-needed security by using the above method for access. We would maintain our "private mad" signage as we have for the past SO years, and combined with our imposing gate, most of our security would be maintained without the need for any tumltround or remote control. I have included a drawing showing the approximate location of the gate, and the location where we would like to relocate the gate. We will also locate a fence along the front of the property at 617 Lakeside Harbor. to oonnect to the gate and provide necessary security, since the property does not line up exactly (see attacbed drawing). We expect to submit detailed plans and drawings for this new gate location, however we would like the Planning and Zoning Department to authorize this relocation "concept". subject to formal approval by the department, We believe this plan will be acceptable to all property O\Vflers on Lakeside Harbor, as well as the owners of the property planned tor development as Harbor Cay. The property where the gate will be relocated is owned by Beverley Warnke, Best regards. ~~~ Tom Warnke 625 Lakeside Harbor S61w236-OlSS ~ {).;_W~ Beverley Warnke 617 Lakeside Harbor 561-7324567 March 8, 2007 To: Grover & Bonnie Jones 628 Lakeside Harbor From: Lakeside Harbor Property Owners Subject: Maintenance of Road This letter is to advise you that the property owners of Lakeside Harbor are planning to repair and pave the road. As you know, Lakeside Harbor is private and owned by the residents therefore we are all required per our property deeds to maintain our portion of the roadway. The road is in terrible condition and must be repaired. Each property owner will be responsible for the 7 ~ feet from the middle of the road on their property frontage. Your property frontage or portion of the road is 80 feet. Your estimated portion of the cost will be $848,00. Please respond in writing by March 18th to conftrm your participation in this project. You may send your reply to 631 Lakeside Harbor by mail or simply drop it in the mailbox. Your cooperation is appreciated. Lakeside Harbor Paving Project 2007 Name Fronta~e Amount Donald Tracev 120 feet $1272 Michael Sin~er 75 feet $795 Glenn Wessel 75 feet $795 Rose Bisconti 80 feet $848 Fred & Shelley Parpard 150 feet $1590 John Yull 80 feet $848 Pat & Bonnie Jones 80 feet $848 Tom Warnke 100 feet $1060 Tod Bertossi 80 feet $848 Mark Maher 90 feet $954 Bev Warnke 150 feet $1590 Harbor Cay 510 feet $5406 Lakeside Harbor Paving Proiect Consent Form Yes, I will pay my portion of the cost of repairing and paving Lakeside Harbor Drive, No, I will not pay my portion of the cost of repairing and paving Lakeside Harbor Drive. Signature Print Name Address · Please return form to 631 Lakeside Harbor, Boynton Beach, FL 33435 by March 18,2007. .of) f~ /:':......:'. r ,/ .~ '; \t.. U ,-', ~.,~ ...-.-,..' -..., i~ I/\\~ 1 {{ \~J. \,-,=, ';7, ~. ...-<'. $ ~.,:;? ~/$. to, /' ~.''''; ~~' ~ /'/ ,'-""" 'J ~ r'<1> >'.~""} \. ~/ }...,'\J '1""-,,,,' .' \{ ;/\:~\ ORDER FOR FINAL ~~~T t { ,;""l",I>/ THIS matter having come before the Court, on ~uary 2,2006, upon the Defendant, ..-~ /-:;j DONALD TRACEY's Cross-Claim against Defendant, MIC~j.Gl'4. SI NGER, to setthe Riparian ( ,,--,\ Division Line between the respective parties, and it appearin~~t~~f;the Defendant, MICHAEL <:-....// ')1 M. SINGER, having been properly noticed to appear before ~~~J~on February 2, 2006, .-, ,.I.A ''-~I .:-..::'~ .......-....-- 11111111111111111111I1 . CFN 20060106843 OR BK 19959 PG 1149 RECORDED 82/22/2886 13: fH: 42 Pal. Beach County_ Florida Sharon R. Bock_CLERK & COftPTROLLI Pgs 1149 - 1158; (2pgs) IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ()C CASE NO.: S02004CA003168XX_(M) :.:' ~" ,......., r.:; ',: (~~ n.....::;r:' "1 g~;~ ~:; :::; ~ :.-:, ' , . Q n~? -, <E:' ... r- ~= : 1" -..1-:: ;..... '; I FREDERICK H. PARPARD and SHELLY H, PARPARD~MES R. WARNKE and BEVERLY ~ ARNKE; MARK MAHER; THO ~W"A NKE; TODD A. BERTOSSr; GRO~ P~ ES and BONNIE K. JONES; JOHN v.\i~ RQSE BISCONTI; GLEN WESSEL; a~A:.&A"ND PATEL, LLC., '\ ,......~.. \J.~. r n\ Plainti~LJ~-- l-,O ........'/,.~ \:/rj:::-' "'...,1 \ ~? (2;, v.....l [" MICHAEL M. SINGER" and-,OONALD TRACEY, ./ .~ Defendants, \i~?-::-.;-, \. I' q, (I .J.' \,_,,- ,I f~~ ,._.~..:'\ 'I' I ,- I'"~~ \ 0'-) ts v. DONALD TRACEY, Cross-Claimant, v. MICHAEL M. SINGER, Cross-Respondent. -Y"1 r- C'1 \.D / Book19959/Page1149 Page 1 of 2 .. . CASE NO,: 50 2004CA003168XXXXMB (M) Court having heard argument of Defendant, DONALD TRACEY's counsel, and having reviewed and accepted into evidence the exhibits presented to the Court and for good cause shown, it is on this ---lk- day of February, 2006, ~thatthe Riparian Division line between DONALD TRACEY and MICHAEL ~ ./-/" M, SINGE~~li be described as: ~,.,:/~, 0 \ ,"" begi n~-,!&iJl;~he Northeast corner of Lot 8, Las Pal mas Land i ng, according to the plat thei~of4s recorded in Plat Book 60, Pages 12 & 13, of the Public Records of Palm s:e~ch ~p(.ihty, also being a point on the south line ofthat certain parcel of land des~n;~n Official Record Book 17992 at Page 0461 of the aforesaid Public Reco~) ~nce North 69001'34" East, a distance of 174 feet more or less to the navtgablE}~~aters of Lake Worth, All bearings rec~~in are relative to the North line of Lot 8, Las Palmas Landing, having'~~~f~-ng of North 89059'00" East. \'-' '.i-:'.~ ,-_..- ...~ S' IT IS FURTHER ORDE<8fO that the Defendant, DONALD TRACEY, may record the ~~\ legal description of the Riparian ~(on Line, as set forth herein, DONE AND ORDERED, in ~~~pers, at West Palm Beach, Palm Beach County, ~......::::::>/~......... Florida, this ~ day of February, 2<(~~" v({/'"S'" ; ,/ ..... S H .,. 811 KAREN MILLER ........ ~:. ~~. t Orc u::~lirt1udge \{ /;:0\ eODies furnished: (~:~:) Ronald E. Crescenzo, Esq" Boose Casey et. aI., Att~rr~% Plaintiffs, 515 North Flagler Drive, 18th Floor, West Palm Beach, Florida 33401; {-:;r'" Stephen B. Gebeloff, Esq" Sachs Sax Klein, Attorneys for,.~endant, Donald Tracey, 301 Y~mato Road~ Suite 4150, Boca Raton, Florida 33431; an~':.:> (:.. ~;~~~el M. Smger, Pro Se Defendant, 695 Lakeside Harboute;+~BOynton Beach, Florida <:'. /</-~') ) \. ..~\ ,/ ~r 2 ~ ~:~.\ IrJ .", / I J\, \....~.::..::.;-.-,) Book19959/Page1150 Page 2 of 2 . .' dO I, ! cry ,\LI 1111111111111111111111 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ,;/ () G tf CASE NO, 502004CA003168JOOii11!MF AA CIVIL DIVISION FREDERICK H. P ARP ARD and SHELLEY H. P ARP ARD; BEVERL.~, WARNKE; MARK MER; THO~ ~~. TODD~. B.EjttOSSI~ GROVE~:ij)mNES and BONNIE k.>J~; JOHN V. YQ~Jr.n\. ROSE B[SCONIJr~" ,........ GLEN WESSEL; ang._.. () ANAND PATEL~~n\ ,? 1 "".- " I . Plaintiffs, '.;~._.' ,. '" ~ M a; , C..,) r" Jllt n ;Z C \f :: !2:f' :OC1;I (j""I; c:: )>. " .::r () ; '. :r~~ .s?<"'lCl <0(") - c:: ~. ""':.t: :,. Q)'"""fn :<{; .." -" ...'b. ,....~ .~~~). \(::.~)) (.,// V;-;;::.>, MICHAEL M. SINGER \-:::":"',)'7 and DONALD TRACEY, c2/'\> r.:i~\ t ,..-,......' ~ \1../// ts/ /';:;:::;\ FINAL JUDG~~ TO MICHAEL M. SINGER r ....... '" 1 PURSUANT TO S1tIPtHJATION FOR SETTLEMENT \~.. -.;5~) TillS CAUSE came to be heard upcl;(\6~)i;!:gC~d Stipulation for Settlement entered into by '-< /)'-,\ .,..J and among the Plaintiffs, through their und\rslg~cF~~lUnsel, and Defendant, MICHAEL M. \i-'" )~"') SINGER, as follows: V ;.~~~\ ; (\\1) \' ... The Plaintiffs and Defendant, Michael M. Sin~:an;.~e on or own property located on l { .r"l .~/ \.........../.?' Lakeside Harbour Drive in Boynton Beach, Florida. In Obtober ..t,194 7, the owners of the properties />~ located on each side of what is now Lakeside Harbour Dr~~~ded to create a "roadway for i' '\ '/ ii themselves, their heirs, executors, administrators, assigns and \~iiprs in title ,.," The then. ~,/-/>,.,.._.......) "~l ...~. ",~ I ., (' \,:'-.- ~ ~/ p... property owners properly executed an Easement and Contract, \\rhich~~ recorded in Book 824, .~. '. J\ ,--,:::,:.:-~~ of the Public Records of Palm Beach County. v. Defendants. Book19911/Page281 Page 1 of 10 en." ::r- Dl r .., m o :z ::s c: ::US:: IDI\,) o 0 00 11':'0) - 0 001 r CD m->' ::ll.f:lo ^~ 000 o::ll OlD ~O "00 4^ AJ::-e 0):> f=G) mm AJ->. to to ....a. .... o ".) OJ -\ o ):> -I m 01 I\,) o to ~ 01 01 crJ 01 ~ I\,) ~ .;.) en "0 (0 (,l) 01 I\,) CD ->. , t-.) co P ..-.. .... a -0 (0 (,l) .....~ The road right-of-way created by the Easement extended from Dixie Highway, as then constituted, "to the waters of Lake Worth," and also "projected eastward upon any fill which may be made in the waters of Lake Worth abutting the center line of the roadway above described." The Easement ~ablished the right to use and construct the roadway and the "cost and burden of /\ mainten~9l" s.uch roadway" runs as a covenant with the title to the properties abutting the road, \: .......-t, ~ ..~/'/ extendiri~:1O-j): Jll:operty owners, their heirs, executors, administrators, assigns and successors in t...r ,/ (, 0 V" ../~;> , I l<v .- tit e. \ (' ;---::.;-. 'J..,~_; I l\ \ r ) J ~~./ ~.. There ispresc~N1}Oa dock located at the eastern-end of Lakeside Harbour Drive, which has '-"/:// been in existence '~inc~ late 1950's or early 1960's. As a result of damage, the dock is presently '<,::~~..-~ ,-. the subject of a Boynt\(:~h Code Compliance proceeding. Plaintiffs believe ~f~)intain that, as a result of the Easement, the dock is a community \:::.. "...r? dock that all Lakeside HarbOl~(I}~e property owners are entitled to use and enjoy, and that each "-- property owner has an ownership~~~ in the dock. Plaintiffs further believe and maintain that, as V a result of the Easement, they have ~~nt rights over that portion of Lakeside Harbour Drive . ,\~:::.~:;'~~, whIch abuts Defendant Smger's propertj,( \:J,! \~l ' ...~~:"'") Michael Singer has in the past Chalii~~~~....PlaintiffS' Easement rights to the dock and f / ~" ~.J '-=> /' " adjoining property, Plaintiffs filed the instant ~i6~~,..~tain a declaration of their rights under the '\(/ -~\-") Easement. Defendant Michael M. Singer answeri~':~fond Amended Complaint, and disputed ; / \\ l) \ ( \' the Plaintiffs' claims, '7::-:::::;v>~ tf /./ \.'...r- /"" The Plaintiffs and Michael M, Singer have reachJd{a stip'ulation for settlement of the issues /"'~~ . .. f / l) raIsed m these proceedings. \.::~.>:::.,:\ f'-- ;\ \1 ./) Based on the foregoing stipulated facts, which the parties''nay-~!~ulated and agreed are true \:"/;: (... ./ J and correct, it is hereby ORDERED and ADJUDGED that: "J' '<:::::>:...~ i' ! ...... ,/' -~\ '-.':::.._::"'_.-..l 2 Book19911/Page282 Page 2 of 10 I. Plaintiffs and Singer have and shall continue to have rights under the Easement that include an ownership interest in the dock such that each Plaintiff and Singer have the right to use and access the dock free from interference. 2. ~ The rights under the Easement include easement rights over those portions of \, Lake&..i~~~~ Drive abutting each owners' property, including Defendant Singer's property. \~ .-'// }\E~~n~r shall cooperate with (and by virtue of the Stipulation has already consented to) \/ J'~;> the continu~:~~!enance, repair, and/or construction of the dock, and to further cooperate in the \~)...1 ~>' repair of the eXistin~,..dDck or construction of a reconfigured dock by signing any necessary ~// applications for p~bfi~and other governmental approvals, authorizations and/or fonns. In the \~''::'::.~.} event that Michael M. ~~~efuses to sign necessary applications, the Stipulation shall serve to constitute his written co'nf~fl~-')nd a copy of the Stipulation may be submitted to appropriate \':::..-. "~..~'7 authorities as such. Except a(~iiYbe agreed upon in the future among the parties subject to the ~~ Easement, the reconfigured dock {Q~r:iiot exceed the size and/or square footage of the existing dock, V but may be relocated within the easem~H)p:undaries as may be necessary for reconstruction and/or \ : . " ''''-'.'::-;'''-;'7~~' governmental approvals, f ( \:)} '~'=" ';5\) 4. Singer shall cooperate with ~~9~1f~e of the Stipulation has already consented to) '-< ~)'J the continuing maintenance, repair, repaving\;rt-df.O'r'J~dscaping of Lakeside Harbour Drive, ~~/ ' l<,';:',") including but not limited to the entrance gate an~~~;~~~~ion of Lakeside Harbour Drive which i ! \'.1) \. \' abuts Defendant Singer's property. Upon execution ~~~lation by Michael M, Singer, no \ { ,././ \""-,./"' further consent, written or oral, shall be necessary. ,,> I<:::~ 5, Notwithstanding the foregoing paragraphs 3 akiA:~1aintiffs have agreed that Singer /~,....."-';\ shall not be financially responsible for any of the costs of the m~:n~~~ce or repair of the dock or <\.._~~~,'.:>.~"'-') ~1~ \ .......;; ,f I the roadway. This release of financial responsibility and obligatiiJh:'iiOW~~, is personal to Michael .....\ /' ~ J\ ~;::--::::=-~ 3 Book19911/Page283 Page 3 of 10 Singer only, and shall not inure to the benefit of his heirs, successors in interest or assigns, who shall be bound by the terms of the Easement and the Stipulation. 6, Except as provided for in paragraph 5, the terms of the Stipulation and this Final Judgment shall be binding upon the heirs, successors and assigns of the parties herein. ~\ \]~/:">rh. e parties shall bear their own attorney's fees and expenses in connection with the // ",-{, ~ ,/'/ above-ca~~'. I litigation, .\ ,"/ 0 (,,,J, ,~ .J '\ r/ ,.~') 8.i;";:-Itj4!le event of any further proceedings related to an alleged breach, construction, \J,.~_ i ! )\ \U !~' interpretation, orenfoJ;~e,gJent of the Stipulation or this Final Judgment, the prevailing party shall be .~. "'. /',;' ""'/ entitled to paymen\~c~'sonable attorney's fees and costs. \,1'-.1 ; \,./ '. , DONE and O~~ in West Palm Beach, Florida, this .z..- day of February, 2006. \</ -" ~ '{' /~;\ ,1 .. \~~~::::? KA MILLER \...( C' . J d - ,._ (.::;\ lfCUlt u ge i~,\ ".......... .-' Copies furnished: V Ronald E. Crescenzo, Esq., 515 North~~er Drive, 18th Floor, ~est Palm Beach, FL 33401 Stephen Gebeloff, Esq., Sachs, Sax, ~ttlp.;'-~Q1 Yamato Road, SUIte 4150, Boca Raton, FL 33431 ._.~~~. '. Michael M. Singer, 695 Lakeside HarbOl;{B(ln.ton Beach, FL 33435 l t , . '~~l. >~::)~ $" \:,''':;'> /........"\.,\ (-'\ I r" >,",'~ ~/ ' \ .-//., ., \t~, '~~~~r~:;J'~; ~. ~ "~~.~. ~, ~-',,) ~ ,/.; v/ VI _/".':'~\ i' ("\\ .l') \. . , t. '., '/,,::,o,:::Yy,> \ t .r,J//",:,,,~"" '\.'-./'/ <: / ,., /<:::..,,:\ f;" ,l i <I":,:~,:\ \1 .Ii ':~'::;';:}'i ~,.....;. ../ I .... ( \-:-....,..' _/ F\ .. ....._-~ / r:- ..-""\ ;,,' . 1__.)\ ~-~---' 4 Book19911/Page284 Page 4 of 10 J~l'27,2006 13.:48 Michael~. Singer 561-736-3646 Page 1 IN rriE CIRCUIT COURT OF THE FIFTEENTH JU01Cw.. CJRt:Ull IN AND FOR PALM BEACH COUNTY, FLORIDA FREDERICK H. PARPARD and SE. EY H. PARPARD: BEV Y A. WARNKE; (\...~ Rj \.tHO~w ARNKE; T~~~ BERTOSSI; GRlU~-.p.OONES and BO~I~~'ONES; JO~~-1fotL. ROSE BlscONTI; "'I GLEN WE~SS~. .Jhutd ANAND p. C, -'I l' \; ~ ;l..J. .,.-/ , P laintiffs:;" \'_ " \;:~:::)) v,{../~ \.... /~::.', '( /r\ MICHAEL M. S1NGER~ - '/' ,--, '---' .... </ and DONALD TRACEY.!"''''::/$ \...':; Defendant ...f;~. 54 t'r>>) ) \.......... "'// '...,? STIPuCitlpN FOR SETTLEMENT \ '. 1,- .....~.:~;r;:~~\ Plaintiffs, by and through their u(1~.ed counsel, and Defendant, MICHAEL M. SINGER. ~_.,l ~..1 ~ stipulate and asree to the foHowing facts ~~~: .', \.S '}'.. \...; The Plaintiffs and Defendant, Michae~~I~~~:~1 reside on or own property located on ~~.~. (,".':..,) Lakeside Harbour Drive in Boynton Beach, FIOri'da-:'.~:..'~." \~( / -". In October. 1947, the owners of the propertie~i~ On each side of what is now Lakeside 7,-'~v'> i' " /" Harbour Drive decided to create a "roadway for themsel~:Yteir heirs. executors, administrators, ,,> assigns and Successors in title ..." The then-property owners di~~y executed an Easement and \'::;;:;"""'\ Contract, which was recorded in Book 824, Page 26, of the Publi<fJ{~~ of Palm Beach County. ':~_::~;=~"l ~ r'A,~ ..../ i \< ,'~~:'::0~\ \..'::::"::_ ---..I Book19911/Page285 CASE NO, 502004CAOO3168XXXXMB AA CIVIL DIVISION Page 5 of 10 JAN.21,2006 13:48 Michael v Singer 561-736-3646 Page 2 - The road right-of-way created by the Easement extended from Dixie Highway, as then constituted. "to the waters of Lake W orlb," and also "projected eastward upon any fill which may be made in the waters of Lake Worth abutting the center line of the roadway above desc:ribed.1I 5\ The Easement established the right to use and construct the roadway and the "cost and burden /' ""\ -:\../'//) \,pf mai!f~ce of such roadway" runs as a covenant with the title to the properties abutting the road, ,., < e~(~l1he property owners, their heirs, executors, administnItors, assigns and successors in \;~r."<~--:> \. .'" _,r-'~, title \1,,,,.! (j\ . r.~' I :,j..'/ \,:...' .: . ......... :~ There iJ-mregently a dock located at the eastem-end of lakeSIde Harbour Drive, which has 11-"'7 been in 4~ lite ,ate 1950'. or early 1960'.. As. result of damege, the dodc i. pre.cntly raised in these proceedings. '"""-- the subject of a B~'_each Code Compliance proceeding. Plaintiffs belhfY1~~~maintain that, as a n:sult of the Easement, the dock is a commuDlty \'-. .' ,f ....~---, dock that all Lakeside H~"'t>nve propeny owners are entitled to use and enjoy, and that each "-- property owner has an o~. " ~rest in the dock. \..... ..' V Plaintiffs further believe ~d ~lain that. as a result of the Easement. they have easement /"'-..., / /" :;;") rights over that portion ofLakeside\~.,Drive which abuts Defendant Singer's property. ' /'.. " f, "'.j) Michael Singer has in the past'~~-:~ Plaintiffs' Easement rights to the dock and adjoining property. r;:,/,;\., G ~// ~.^ /' -. ...." \'" ','" Plaintiffs fiJed the instant action to Obti~1.i~~on of their rights under the Easement ~ ,-',' ~J Defendant Michael M. Singer answered th~(Q,~9)A.mended Complaint, and disputed the Plaintiffs' claims, "7<:-::::Yv>) 'i' ,../// \ ''Y"'' /~ The Plaintiffs and Michael M. Singer have reachedi~ip.y@tion for settlement of the issues / -::;.. ~ /' i j ,~ 1 ~ ~~~r\ i/ jr-v ,,"> '. -~\ \...'=".:-:::.--:> 2 Book19911/Page286 Page 6 of 10 JAN-27,2006 13:48 Michael ~ Singer 561-736-3646 Page 3 NOW THEREFORE, in light of the foregoing stipulated facts, the parties funher stipulate and agree as follows: 1. TJ1e foregoing recitals are true and correct and are incorporated herein by reference, 5\2, Plaintiffs and Singer agree that their rights Wlderthe Easement include an ownership ~/-/ /...)\ \lnt'~~e dock such that each Plaintiff and Singer have the right to use and access the dock free ;\.-:~;..~.. f~~.--:-.~Oce. \ ;~~r.'.::'~" ~ ~.. ''\1);-! ()\.Piaintiffs and Singer agree that their rights under the Easement include easement \ f ) ; ~/. ~ ," rights ov; thost~ions of Lakeside Harbour Drive abutting each owners' property, including /".. ~~~ rr" Defendant SirWer'lS4i'ropeny. \:~:~.~f 4. Si\S~S to cooperate with and hereby consents to the continuing maintenance. repair, and/or co~.i~'ffhe doclc, and to further cooperate in the repair of the cxistiD8 dock or \'-. . / -r~""-::;l cons1ruction of a reconf1~ck by signing any necessary applications for permits and other \..( governmental approvals. a~ns and/or forms. In the event that Michael M, Singer refuses to \,0,// sign necessary applications. thisc.stip~J.~on shall serve to constitute his written consent and a copy of r;'~'i\ the Stipulation may be submitted tJ.~~te authorities as such. Except as may be agxeed upon /" /','.""\\ f I \'~j J in the future among the parties SUbject\~~~ent, the n::configured dock shall not exceed the size and/or square footage of the existing ~~~~be n::located within the easement boundaries \: ,.. -, "', as may be necessary for reconstruction and/or ~iat approvals. \{ .-;) "" ~/ 5. Singer agrees to cooperate with aM(~~ consents to continuing maintenance, \. '.., -- repair. repaving and/or landscaping of Lakeside Har~-Of\~lncJuding but not limited to the \ i ~..' ",,/ ,'~'/ entrance gate and that portion of Lakeside Harbour Drive Sniich abuts Defendant Singer's propeny. I'<:;~ . I : > Upon execution of this Stipulation by Michael M. Singer. no ~~nt, written Or oral. shall be necessary. (~~,:"~:2-\ \---::~ ( ,~i / \J ....,::,.:......... ,r,\ ./' ;rV 3 (\ '..._S\, ,'::'.::-----' Book19911/Page287 Page 7 of 10 J~.27,2006 13,:48 Michael.' Singer 561-736-3646 Page 4 ....... 6, Notwithstanding the foregoing paragraphs 4 and 5, Plaintiffs agree that Singer sban not be financially responsible for any of the costs of the maintenance or repair of the dock or the roadway. This release of financial respoIISibility and obligation, however, is personal to Michael Si~~nIY, and shall not inure to the benefit of his heirs, successors in interest or assigns, who shaJl .-- ""\ ""-/"// ) \j)e ~#..>y the tenns of the Easement and this Stipulation, \~~~) 0 Except as provided for in paragraph 6. the terms of this Stipulation shall be binding '"I. ,""" ,...,...... upon tk.~. successors and assigns of the parties herein. \LJ j~"- '. . - :'"'""\ 8. ~ parties shall bear their own attomey's fees and expenses in connection with the C'.......-,.. /" -'./ r:;::., above.captiO~)I~tion, ."u..,r <:'" 9. In ~.::~t of any further proceedings related to an alleged breach. construction. interpretation, or ent~~ of this StipuJation, the prevailing party shall be entitled to payment of \.:::.....,",_.~~? reasonable attorney's fees )l!(cttOsts, \..<; JO. The tenns of ~~puiation shall be incorporated into a Final Judgment as to \....//.... Plaintiffs and Michael M, Singe):: .~" i>-"\ 11. This Stipulation m8~(:~:ii~ in COW1terperts, and facsimile signatures shall be /" I~\~'J) ~ ~ '," considered the same as originals. <:::';;:,:\ \'(> ,;,'-? J2. Upon execution of this Sti~J~ ~mt, the parties snaH be deemed to have ",-/ ,,"........, released each other, to wit: ~\.,/'..r:..,. ....-' i , "\... c 'v ~ ,Y) ~/ a. Michael M. Sinser hereby fully r&n~~~ acquits, satisfies, and forever \ ( "~"/ discharges each Plaintiff. and their agents, assigns, anr~"')s>;or and from all and all manner of ~\. " "'......;;..,/1' action and actions, cause and causes of action. suits, dibts,...~s, sums of money, accounts, /"- ...........\ reckonings. bonds, bills, specialties, covenants, contracts, ciJ~~es, agreements, promises. E/ )j varianc:es, Ircspasses, damages, judgments, executions, daimsand~ wtwsoever, in law or in ...../.:..H...-'.~"~l <\,./ ,.' !, \[/':::::~:'~/), 4 ,-, " :.-~\ \...'::.:'.:-----" Book19911/Page288 Page 8 of 10 JAN. 27,2006 13:49 Michael ~ Singer 561-736-3646 Page 5 . . equity, which Micbael M, Singer ever bad, now bas, or which any personal representative, successor, heir or assign of Michael M. Singer hereafter can, shaH or may have, against each Plaintiff, and their ag~~, assigns, and attorneys, for, upon or by reason of any matter, cause or thing whatsoever, o:\_/~p~ only the agreements contained in this Sbpularion. '\ ...- ..rt" i '/ ;\?:~~' 0 Each pJaintiffhereby fully remises, releases. acquits, satisfies, and forever discharges Mi~[~_ Singer, and his agents, assigns, and attorneys, of and from all and all manner of action \(~. ((1\ t~' ~ : ~ .r and ~; cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, .~...... -\.') ~,; .... bonds, bi~~altie.'l, covenant'!, contracts, controversies, agreements, promi!leS, variances, :;'7 I 0.:, trespasses, ~ges'J~gments, executions, claims and. demands whatsoever, in law or in equity, /.~ wluch each Pj~~ had. now bas, or which any personal representative, successor, heir or \.(.../.....::-:~... .....1" "':. assign of each PI8int<tth~~ can, shan or may have, against Michael M. Singer, and his agents, assigns, and anomeys:-~:~n or by reason of any matter. cause or thing whatsoever, excepting /"~~' only the agreements contai~~ Stipulation. ~ ls. Ilat<d th;s ~ day or ~ 2006, BOOSE CASEY cIKL~lvli~~ MARTENS MCBANE &: O~~LL 515 North Flagler Drive, Ulll n:?al'S',::::> West Palm Beach. FL 33401 ~/~~. () TeJepho?e: 561~832~5900 ~~j",,...~>. Tel pIer: 561-820-0389 \t "-'" / " ". .n. ~.t'--' ,,",) ~ /, ~'j" '-,- /,''':>, \} ~ "," ,. :" .\}) \. \,...:' '0_ "-7 ,_.~v>"> 'I.' /' ,.-.,/,.,/ \. 'V'. /"" <;" ....'> I<~ ~ I / j <:~(:':.:::..\\ \C./i.:- ....---"' /,,~ ....._-',.':.:...w...-,:::...\ \:' ..Aj~, ,./) ~ ~<:,:".-~ ,F\ /f" ,..... ". .l\ 5 1.....':::::'-::-:.-,) Book19911/Page289 Page 9 of 10 JA..~27,2006 13:49 Michael'- Singer , . . 561-736-3646 Page 6 )f'\ Dated this ~ day of .:n'k~ / ,2006. ...' IiI L\ Michael M. Singer,' se -",\\ 695 Lakeside Harbor .;\_/::':::'>~oynton Beach.. FL 33435 \s' ;~ePhone:561-736-3646 :.......;,~ elecopier: same \,. /. 't.". /<~O \:.:~:~;., \lr'~'! n\ \: J :~,/ ~l .:,.....'"- ,;,.'J j' ... ,..../' IY/ /~ \j 71 {j' ,., I, I;' \~:,./ ,} ~..... \";:::::.)\ \.,// $~/'~::-::\ (( :,:' "-, "-"((::-\5' '-- Book19911/Page290 /-~:;-., , ,.............v) ".../".- V /-::"'-;. (/ I)) \ '. ',. ...:~~~::~~\ [ r ':.j I \.....~,\'.".:~"') ~. >-'~'. \( ":,'-, /;~'\S 3~ f /' ,......, ....... ~//' \ .... ~"" \!~. .~:<.,..-:) , '1::.",. ',,-, $ .-'.' v--- \J~/~~>(--')\ . . ,\. \ \ i.. \,/ '....:.:::J .-..-.... 7., "\ \~") It .../,/ ,,--- ...~ ~ ...' .....-: 6 /::;~ f I .c-' i '~t~1~ (\../", I I \\~~ :~~--<~../ t.. C~:~;~ Page 10 of 10 ~o ?rD 1111111111111111111111 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA FREDERICK H. P ARP ARD and SHELLEY H. P ARP ARD; BEVERLb,A. WARNKE; MARK ~ER; TH~~~KE; TOD]);A. ~OSSI; GROVE&:.Y)pNES and BONNIEt~,t~ES; JOHN V. Y{;L1r'~\ ROSE BIscQ}Ift..~ GLEN WESSEL; and. () ANANDPATE~~ ~~? J n;~ ~1, j ~~~. Plaintiffs, .,.:....... , C jI~NO.502004CA003168~ AA CIVIL DIVISION FI LED /f"o";. \";::/5) \..//:, ~\f I'r'--:::~:-., .{ /,\ ~ .f .. MICHAEL M. SINGER \'::::.<..~-? and DONALD TRACEY, ((/'\ '- FEB 0 3 2011 SHARON R. BOCK CLERK & COMPTROLLER CIRCUIT CIVIL DIVISION v. ,......s::y, \.0';:;) (..s/ ,/ "-~, I /' "--5\ FINAL JUD~J(r.AS TO DONALD TRACEY PURSUANT TO STlPVtA TION FOR SETTLEMENT ",,-,=. -~~5:~> THIS CAUSE came to be heard up~th~1ttached Stipulation for Settlement entered into by ~;"''''..:~ {-" \...< 50.) v and among Plaintiffs, by and through theii\u6de'i'signed counsel, and Defendant, DONALD ~ .... c" ,~ '\;"... _,,>~'u TRACEY, as follows: V;.;~::--:;,\ ; ! .\1 \ \ \ \ } The Plaintiffs and Defendant, Donald Trac~~lt~~e on or own property located on ;{ ,/./ \ ';-/..... /-' Lakeside Harbour Drive in Boynton Beach, Florida. In Ofiober, 1947, the owners of the properties /-:-0,. 1< .-" located on each side of what is now Lakeside Harbour Dk',$.'dkided to create a "roadway for / ,,~-';\ ,,( i} themselves, their heirs, executors, administrators, assigns and'~~ors in title ,.... The then- ~-~;.~*#-~) ~) roperly executed an Easement and Contract,\~7liIclf-"~ recorded in Book 824, ....~ /. j ,)'\ '....::::-:::..:.::=--::. Page 26, of the Public ecords of Palm Beach County. 13-b Defendants. prope Book19911/Page271 Page 1 of 10 cn"TI :::r - m r .., m o Z :l c: ?J;s: lDtv o 0 o 0 lII;"m - 0 00 rID m..... ::u.f:>. ^~ 000 0::U OlD 3:0 -cO -4 A. ::u~ 0:)- rG') f;;m ::u..... Q:I Q:I ..... ..... a tv -.j, ..... o ):> -4 m o IV Ci Q:I ~ o ~ o ~ IV ~ W' a;, "'1J (0 Ul o tv -.j, .... I tv cx:r .Q ".-., .... o ~ (0 Ul ~ The road right-of-way created by the Easement extended from Dixie Highway, as then constituted, "to the waters of Lake Worth," and also "projected eastward upon any fill which may be made in the waters of Lake Worth abutting the center line of the roadway above described," The and correct, it is hereby ORDERED and ADJUDGED that: Easement~tablished the right to use and construct the roadway and the "cost and burden of \:, main~~~~uch roadwayl1 runs as a covenant with the title to the properties abutting the road, \~ .~// extendin~~jftr property owners, their heirs, executors, administrators, assigns and successors in {'.... ,/,":'-. 0 \. <'~ ",/1;> ~"..<" ....--'" .......-~~, \s.__ ( n \. \() j ~J./ There is-presentl~a dock located at the eastern-end of Lakeside Harbour Drive, which has /";":' <::-'/ been in existence ~~~'e late 1950's or early 1960's. As a result of damage, the dock is presently \;-'./ ; "...~_.'" the subject of a BOynt\~'~ Code Compliance proceeding. Plaintiffs believe 'afi?ti~)intain that, as a result of the Easement, the dock is a community \~~~~'-'/~.~~~7 dock that all Lakeside Harbo~i1\re property owners are entitled to use and enjoy, and that each "-- :.BL property owner has an ownershipiJ!-.J.~~t in the dock. Plaintiffs further believe and maintain that, as V a result of the Easement, they have eA~nt rights over that portion of Lakeside Harbour Drive \. r..":,>;:!.,~ which abuts Defendant Tracey's prope~/':~j) ~:::'",:,. .,.J....) Donald Tracey has in the past chaht~~1~.rlaintiffs' Easement rights to the dock and \..< ~) 'oJ adjoining property, Plaintiffs filed the instant ~~.~,~'ain a declaration of their rights under the ~~w~. '~:, ~"') Easement. Defendant Tracey answered the Secon~~~~~d Complaint, and disputed the Plaintiffs' I ! .\,) \ \. \. claims. \.7~::-:~V>,,) t ( ,./' ,/ '\.''Y'/'''' The Plaintiffs and Donald Tracey reached a stipufim'on for settlement of the issues raised in I<-~ I' ,'\ these proceedings. <:::;:;.:::.:~,. /-~-.\ il J} Based on the foregoing stipulated facts, which the parties'fia~~~ulated and agreed are true y./:;" (~.. ) ) \l \:::....,~.o'./ f\ i~\. '-../:c.~\ '<....':::'_._-~....v title, 2 Book19911/Page272 Page 2 of 10 1 , Plaintiffs and Tracey have and shall continue to have rights under the Easement that include an ownership interest in the dock such that each Plaintiff and Tracey have the right to use and access the dock free from interference. 2, The rights under the Easement include easement rights over those portions of ~\ Lake~g:~~~ Drive abutting each owners' property, including Defendant Tracey's property, \. :c: "3,\-;;,~ '1racey shall cooperate with (and by virtue of the Stipulation has already consented to) ,\ "or' -' 0 t'".' _" '''- . the continclh~~p.tenance, repair, and/or construction of the dock, and to further cooperate in the '\J,,~_ [ () \ \LJ j ~,/ repair of the e'Xistin,_.~ck or construction of a reconfigured dock by signing any necessary ~'/:' applications for pe~~d other governmental approvals, authorizations and/or forms. In the event \.1_..../ 1~' that Donald Tracey ref\(,~ign necessary applications, the Stipulation shall serve to constitute his written consent and a coPY{~f.~11 Stipulation may be submitted to appropriate authorities as such. \.~..-~- /...~-7 Except as may be agreed u~/fu\ the future among the parties subject to the Easement, the ::B reconfigured dock shall not exce(ct.r;-",Size and/or square footage of the existing dock, but may be V relocated within the easement bourJaflr,s as may be necessary for reconstruction and/or \ t. \...l <:::>/"~~" governmental approvals. The Plaintiffs l1~e::.itgreed to discuss with Tracey, in mutual good faith, ~~::-:=, \ ;:~:~.:.: Tracey's stated intention to extend the dock\f~~~~~,s of installing a boat slip, but the agreement t.....< 5)''''/ to discuss is not intended to constitute and shall ~c.~tit~te any prior agreement or consent on the ~~~_~. .r' ~,-;:,,"-) part of the Plaintiffs to Tracey's intention to exten~j.~~~k. ;' /\\ l \ 4, Tracey shall cooperate with (and by vi~~thf~ulation has already consented to) \ ( ~/~.,/ ....,....r/ the continuing maintenance, repair, repaving and/or lahdScaping of Lakeside Harbour Drive, /::::~. including but not limited to the entrance gate and that porti6.d::geLakeside Harbour Drive which /...-"---\\ ,( i) abuts Defendant Tracey's property. Upon execution of the Stipurllli~,6ll..Donald Tracey, no further /;....--~~....~......') "') \--- ...""'\ ~. ."," / consent, written or oral, shall be necessary. \~ \.:.::': //), G::~;:~ 3 Book19911/Page273 Page 3 of 10 5. The terms of the Stipulation and this Final Judgment shall be binding upon the heirs, successors and assigns of the parties herein. 6. The parties shall bear their own attorney's fees and expenses in connection with the above-cap~ned litigation, ,\, ",,);;.'''}.J:n the event of any further proceedings related to an alleged breach, construction, '\ .-' vi', i '/ interpre~f0~r enforcement of the Stipulation or this Final Judgment, the prevailing party shall be 't."o" ../ ':". 0 \r'" ./'; ;> entitled to ~p?~\.ofreasonable attorney's fees and costs, DO~~~'''~~RED in West Palm Beach, Florida, this~ day of February, 2006. ~/' JL \,...,0, "<~? I I.!..." \:.:~.J ..-------:= \<:::::~~) KAREN MILLER \~.......:-_ Circuit Judge V/ --.", . (~. :; Copies furnished: \J~~. '~')'7 Ronald E. Crescenzo, Esq" 5~Ndtth Flagler Drive, 18th Floor, West Palm Beach, FL 33401 Stephen Gebeloff, Esq., Sachs~S~,~~in, 30lYamato Road, Suite 4150, Boca Raton, FL 33431 Michael M. Singer, 695 Lak.esid(~or, Boynton Beach, FL 33435 V r;:'-::,;\ \! ;; ."~.~':;;?'~~\ ! //''':\~j) \2::~, ~ ;:_~?" $c \:.:;,> ~/'f~, $ ~/'.' \ "'/" -- \l~~~::<:0~.S ~ <.- V ':":'~. / /'''\, 1)' \ ( \'~ \. ."''''\ --.. "7>::YV>~ ~ 1//..../ '~......// ,~ I<:::~ \~7';~}~~,\ $ J} ,::::::~::~~\ ~:"\ f ~) l ,~ \:'::::,,-~ t\ ;f/jtv ......~ ". .J\. '-.':::-:::-::-:-::. 4 Book19911/Page274 Page 4 of 10 . J an-ZT-06 10: 14alll From-SACHS SA,X.. ":1.E IN +561994199Z -.-. T-133 P 00Z/007 F-446 -' IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT TN AND FOR PALM BEACH COUNTY, FLORIDA FREDERICK H. P ARP ARD and SHELLE~y.PARPA~~D; BEVERL WARNKE; MA~~ ; THO~S 'Y~KE: TODD t\,'S-EJrOSSI; GROVER.~:_,~~ES and BONNIE K.t;-~O~.s~ i~~ ~i~f?} _~ GLEN WESSEL;,.sueC> '.... ANAND PATE~~~rm '\,1;::.)V'- CASE NO. 502004CAOO3168XXXXMB AA CIVIL DIVISION Plaintiffs, ~". \~:':':j) \.-;~-... \l. -,-., r'/ ~\ ~ ~ .. MICHAEL M. SINGER \:::.'. .....;-7 and DONALD TRACEY, c;:/""$ ..(~ .t"_~vl\ \c.//...' "l5./ /::"-;. / / .:~ STIPUL)JrJ~ht>FOR SETTLEMENT l~ ,/'.,\": \ 1 f \~.f.J Plaintiffs, by and through their un'~~~:.~ounsel, and Defendant, DONALD TRACEY, stipulate and agree to the following facts as f~w~":, 0 \0-'- " ..._ The Plaintiffs and Defendant, Donald ~~(~~reside on or own property located on 'IS ..'.' 'tv/ -" Lakeside Harbour Drive in Boynton Beach, Florid;&-: />{;))' \ > '. \. -. '~--'---~ In October, 1947. the owners of the properties loP~i~~ach side of what is now Lakeside \..r.,./ -" Harbour Drive decided to create a "roadway for themselves., }lJ1irlt';feirs. executors, administrators, ~ i ( l assigns and successors in title _.," The then-property own~::itdper\Y executed an Easement and . ( Ii \ ..-' Contract, which was recorded in Book 824, Page 26, of the Publi~:.if~s ofPa1m Beach County. \:'-:~ ( ,/.,1 \~, \':::.'~"........ ,r\ ,t' .,rV :,..\ ,/ ~__J\ "-::::.._---....-..l v. Defendants. Book19911/Page275 Page 5 of 10 . Jart-27-06 10:14am FrDlll-SACHS SAX. "J.EIN +561994' 992 .-..~. T-133 P.003/DOT F-446 The road right-of-way created by the Easement extended from Dixie Highway, as then constituted, "to the waters of Lake Worth," and also "projected eastward upon any fiU which may be made in the waters of Lake Worth abutting the center line of the roadway above descnbed," TI~ement established the light to use and construct the roadway and the "cost and burden " .--^> \ 11.../ ../ ) of m&en~~y such roadway" runs as a covenant with tbe title to the prope~es abutting the Toad, c"<>--. ') extendin~'tq~1h'e,..ptDperty owners, their heirs, executors, administrators, assigns and successors in \, ,,;:> '~;r~:>._~ ,'--"> title. \!-.<.; n\ \~J ,:" ~/ ......... .:*"') There is p're~ly a dock located at the eastern-end of Lakeside HElrbour Drive, which hAS I"y/ r::::-. \~ '1 I (1' been in existence Sl~jttfe late 1950's or early 1960's. As a result of damage, the dock is presently ~"'. /..~ the subject of a Boynt(~i~~ Code Compliance proceeding. ~\ f' ~/~-:::~:-... Plaintiffs believe ifii'malntain that, as a result of the Easement, the dock is a community \':::_<, <,,'!~7 dock that all Lakeside Harbo~6rite property owners are entitled to use and enjoy, and that each ,r"~::Y, property owner has an owncrship..~ftst in the dock. ls Plaintiffs further believe and ~li\n that, as a result of the Easement. they have easement \t,:-,,;;:,._ rights over that portion of Lakeside Harli~~vc which abuts Defendant Tracey's property. \~~~l r <~~) Donald Tracey has in the past cha~k~~e}laintiffs' Easement rights to the dock and '-< 5) '.J ad" , " ~/- ~ommg property. \i-/ )'~:::>. ~~>' '\,~~;~) Plaintiffs filed the instant action to obtain~~.~tion of their rights under the Easement. I (\\l) Defendant Tracey answered the Second Am~~~1W!aint, and disputed the Plaintiffs' \. ( .~..J.-JA'~/ claims. \-:{/ The Plaintiffs and Donald Tracey have reached a s~i~~on for settlement of the issues ....7-'.~<.~~';\ raised in these proceedil1gs. \C./J, ........,....-"' /,/') /_.... ::...-....-,..~..\ \--A~ )} .~... '<::'::::""/.F\ // ;.rv Cc.._J"'::::"~ '---"'-- 2 Book19911/Page276 Page 6 of 10 . Jan-ZT-06 10: 14alll FrCfll-SACHS SAX "J.E IN +5619941992 T-133 P.004/00r F-446 - NOW THEREFORE, in light of the foregoing stipulated facts, the parties further stipulate and agree as follows; 1. The foregoing recitals are true and correct and are incorporated herein by reterence, 2. ~\ Plainti.ffs and Tracey agree that their rights under the Easement include an ownership ----:;.~ intere~.:ifi th~l~k such that each Plaintiff' and Tracey have the right to use and access the dock free ~....//._;) from int~'rt~. 0 \ y" /;> t-... .:...-,,-,,", "...,...~.., . 3. \~.~iir\tiffs and Tracey agree that their rights under the Easement include easement \' I ,_ \.' i' ............. ....., rights over those gCJrt):'ons of Lakeside Harbour Drive abutting each owners' property, including \./ r:;:;.., Defendmlt Tracey~k~t~rty. '<H_.,f' <:', 4. Tracey ~~y cooperate with and hereby consents to the continuing maintenance, repair, and/or constructi~}f€i~~~dOck, and to further cooperate in the repair of the existing dock or "-':::'.-.- ~'",-'!~7 construction of a rcconfigure4:;fo~< by signing any necessary applications for permits and other r-:-f:::'. governmental approvals, authorit~~ and/or forms, Tn the event that Donald Tracey refuses to '(t; sign necessary app Ucations, this Stip~~ll serve to constitute his written consent and a copy of \' \ { '......'-'::""~r.~...' the Stipulation may be submitted to apP(QP~le authorities as such, \. t '. ,r"f.... -... 'v",,:, } ') Except as may be agreed upon in ~~fii~~-emong the parties subject to the Easement, the /.....-'""'\..\ 5~ reconfigured dock shall not exceed the size ~~;~f,.footage of the existing dock, but may be ~~,r' .(~.~;~) relocated within the easement boundaries as'\~~~'.~:_\'~~ necessary for reconstruction and/or i ( .\! \ governmental approvals. The Plainriffs agree to disc-Q$~it.h Trac.cy, in mutual good faith, Tracey's 7>~,~"> i ( ,f',#>-/ stated intention to extend the dock for purposes of instal~-ffDoat slip, but the agreement to discuss is not intended to constitute and shall not constitute any PrioI{~~ent or consent on the pan of the \...~;;.;. ";::.. ~.\ Plaintiffs to Tracey's intention to extend the dock. (/ ,I) "~~:::,::--,'~T") /_/<:~-~'.7'~\ \; ,.._.oI"\~. ,.;) J \l. "..::....../ t.... ,"", .- //~~.J " '---::--=-~ 3 Book19911/Page277 Page 7 of 10 Jan-2i-06, 10: r 5am From-SACHS SAY- 'IJ E I N +5619941992 ....-, T-133 P 005/007 F-446 -" 5. Tracey agrees to cooperate with and hereby consents to continuing maintenance, repair, repaving and/or landscaping of Lakeside Harbour Drive, including but not limited to the entrance gate and that portion of Lakeside Harbour Drive which abuts Defendant Tracey's property. Upon exe~n of this Stipulation by Donald Tracey, DO further consent, written or oral, shall be (\..~">/)\ neces v~..... . /",.~'i ~sE':~atmn$ of this Stipulation shan be binding upon the heirs, successors and assigns \/ ./) ;> t~_...;........".... ''--~~'' of the partie~~d.iJJ\ \::,.1 .i . "....... :........ 7. The ~es shan bear their own attorney's fees and expenses in connection with the ~......... r:;:;., \~..? 10\ above-captioned lit1~n. ("-'" /- ;. 8. In the e"t~~y further proceedings related to an alleged breach, construction, or interpretation of this sti~i;;f[~) the prevailing party shall be entitled to payment of reasonable \'~-:~: <..r"? r/ ,,/'0 attorney's fees and costs. \,( 9, The te~rms of thisC~atiOn shall be incorporatoo into a Final Judgment as to (;'-- ~, Plaintiffs and Donald Tracey. \.~\:g., 10. This Stipulation may be i~Ci) in C01.mterparts, and facsimile signattlres shall be \2::~1 ; ;~v..? considered the same ns originals. \(>"'-'S'.. ::-, /,-""\..,\ (~ '-< ",..,..J 11. Upon I~xecution afthis Stipu1ati~i'Set:tle:ment, the parties shall be deemed to have \-<~~:",..;~<) released each other, to wit: ~v';:;~~)\ a. Donald Tracey hereby fully remises, rel~~!~~~S. satisfies, and forever discharges i i ;../ each Plaintiff, and their agents, assigns, and attorneys, o!~from aU and all manner of action and actions, cause and causes of action, suits, debts, dues, sums o(~?~y, accounts, reckonings, bonds. "'-J' "J'-"::\ bills, specialties, covenants, contracts, controversies, agreemen~~p!~ises, variances, trespasses, .".~::-,.;:~,~~. damages, judgments, executions, claims and demands whatsoev~~l~~ in equity, which Donald .; "'--- - . \~ /j"'" ,'''''\, J' i-.--..}'\ ,,:-- .-----:> 4 Book19911/Page278 Page 8 of 10 , Jan-ZT-aS 10:15am From-SACHS SAY ~LEIN +5S 19941892 -."" T-133 P 00S/007 F-44S Tracey ever had, now has, or which any personal representative. successor, heir or assign of Donald Tracey hereafter can, shall or may have, against each Plaintiff, and their agents, assigns, and attorneys, for, upon or by reason of any matter, cause or thing whatsoever which have been raised or which co~have been raised in this litigation, excepting only the agreements contained in this '\ /~"\\ Stip~6n. J-(, \) ,..,......../' b~:~::~~~ pJuintiffhereby fully remises, releases, acquits, satisfies, and forever discharges \.f'" ........)) -10.... ._ Donald Tra~., ~~~his agents, assigns, and attorneys, of and trom all and all manner of action and \::-.J .I "". actions, cause and ca~faction, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, ~~, contracts, controversies, agreements, promises, varill1lces, trespasses, damages, judgments, ~~ns, claims and demands whatsoever, in law or in equity, which each Plaintiff, ever had, nm.v h~;:Qr~.pich any personal representative, successor, heir or assign' of each \l_.,..,,'..I''''~~ Plaintiff hereafter can, shali-f1:~ have, against Donald Tracey, and his agents, assigns, and "-- attorneys, tor, upon or by reason qf~tnauer. cause or thing whatsoever which have been raised or ".../ ..,f 'ls which could have been raised in this~~;ion, excepting only the agreements contained in this \ (, C; Stipulation. >,::>...;:~;....\ (l\~j.1 Dated this ~ day of ~="~;)~',2006. ,'-") /;~-\.( ~~, BOOSE CASEY CIKLTN LUBITZ '-</~) \..J MARTENS MCBANE & O.CONNELt;./....>.:.:~:, 515 North Flagler Drive, 181h floor \i>'j;',.!.J West Palm Beach, FL 33401 V '-;"~'::.:~\ Telephone: S61~832-5900 ( (\J) Telecopi : 561-820-0389 ''"7'~~:-::~~ t {' ~../.?',..../ '~--:/ ,\ ;' ":::::;.. \<~.9~ /(" /)) \" ..- j ',~:.:.-<)'') '"',.-....:,....."'"._.~..\ ~-~~ ( .~) / \J. ~'.::.:.,J'#' ,r..\ ,/ ./'V ;~'L.~j ,. ~:~ \..:-...- Book19911/Page279 5 Page 9 of 10 Jan-t7M06. lO:15am FromMSACHS SAY~LEIN 97'092SS~36'.'" '"dn'1I1'1'IlVfu~1.rN!t6N' " TIMS!Rl:ilomCONCOS -- I (. SACHS SAX KLElN 301 Yarna10 Roadt Suite 4150 Boca Raton. FL 33431 Telephone: 561..e9+4499 Teleco er.: 581-994-4985 ~;<'.... -\:;J ~.~~;,> IY/ ~ \~.?(r' \":::) .;~.:~ ~, ../.; \"(~:/)\ .\..// \f"'/'-::~:-... , (<:-: '~':'~'7 r-:'''/\> \...<; "..-J;::::'. t ,,-,-,.)) \ "-//' 'Cs Book19911/Page280 ;.5619941992 _ T-133 P.007/00T F-446 !"HI. ~ u. .u. -' ,. r;:;-..::::\ \.,S-;.~;~~~... ! /\'';'1 't \ . \~=' :';;:-~?"\ \,:/ ~."'-" />",:,,\ ,-. \.....< '::.,....J ~.~~'.., .,. 'J~,. .~~~~,~; _.~? '\ \.-.. .,~)-'~) ~:. " .--, \} /'.. <7',,\ f (\'\,') \ \. ", '~...~--~ / ",".'---~0 ~ { ,,/ ../ \":// ......\ ,.;1-.8, 6 I<:::~ ( (~... ~~) "\. . ,....... ~.....-;". -",,-,>\ ! / Ij \.. ..'.:. 'I ,,:~~'_:.......,,~:."'') /_....,..,:~.....'~7'"'<-~1 \' ...'#\,!, .....),/ 'J "..:::,:.......... .F\. ../;~ :.~.., J' i.,._;J'\. ..<:::::_.--~-.-..> Page 10 of 10 Page 1 of3 Bressner, Kurt From: Blasie,Scott Sent: Saturday, March 17, 20077:27 PM To: Bressner, Kurt Subject: RE: Lakeside Harbor Homeowner Attacments Clear as a bell. Scott From: Bressner, Kurt Sent: Fri 3/16/20073:53 PM To: Blasie,Scott; Byrne, Nancy Cc: Livergood, Jeffrey; Bucklew, William; Berger, Pat; Rumpf, Michael; Breese, Ed Subject: RE: Lakeside Harbor Homeowner Attacments I asked the property owner representative to send us any documents that would help illuminate any issues or discussion that we need to be part of. The documents also illuminate what as Nancy has properly noted are civil matters between private parties. The City can't act as referee on these. It is a rather convoluted story with a lot of parties involved and promises made and possibly not met. Once we get as accurate a snapshot as we can of the situation (public issues and private issues) we can meet with the property owners rep and assist them in sorting out who does what. Hope this describes the method in my madness. Kurt B Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Blasie,Scott Sent: Friday, March 16, 2007 12:35 PM To: Byrne, Nancy; Bressner, Kurt Cc: Livergood, Jeffrey; Bucklew, William; Berger, Pat; Rumpf, Michael; Breese, Ed Subject: RE: Lakeside Harbor Homeowner Attacments Added Fodder: Our contact person/liaison for Lakeside Harbor (Mr. Yull) tells me they intend to resurface their easement with our without Harbor Cay's involvement. I also confirmed yesterday that the contractor that pulled the dock permit was ready to go when the permit was pulled, but has held off at the request of Harbor Cay. Scott Blasie Code Compliance Administrator (561) 742-6121 4/9/2007 Page 2 of3 (561) 742-6838 (Fax) Diversity - Integrity - Stewardship - Creativity From: Byrne, Nancy Sent: Friday, March 16, 2007 11:34 AM To: Bressner, Kurt Cc: Livergood, Jeffrey; Bucklew, William; Blasie,Scott; Berger, Pat; Rumpf, Michael; Breese, Ed Subject: FW: Lakeside Harbor Homeowner Attacments Kurt, (1.) I did not see any permits for the paving, but depending on the type of pavinglresurfacing they are doing, a permit may not have been required by Engineer. I will follow up with Jeff and Pat Berger when she returns on Monday. (2.) They have a valid permit for the dock/seawall repair, 06-6237, issued on 10/03/06 to Ray Qualmann Marine Construction, Inc. (3.a) I have reconfirmed with Planning & Zoning that no petition for modification to the site plan has been received, nor have any revisions been submitted to Building which would trigger a minor or major mod. That doesn't preclude them from coming forward at some future point, but since the site plan will be coming forward for extension soon, Commission will have the opportunity to question the developer further about his intent at that time. (3.b) Building can work with Code to assure that site maintenance is occurring and that impacts of construction are minimized to the neighbors. When Bill returns on Monday, I will have him work with Scott to address these specific concerns. (3.c) This appears to be a civil matter between the Lakeside Harbor HOA and Harbor Cay. I'm not quite clear on what your direction to staff is. Please let me know if you need additional information beyond what is provided here, or how you would like me to proceed. Nancy From: Livergood, Jeffrey Sent: Friday, March 16, 2007 10:34 AM To: Bressner, Kurt; Byrne, Nancy Subject: RE: Lakeside Harbor Homeowner Attacments Nancy, I will read through this. Should be interesting. I have quizzed the Engr. staff and they are not aware of most of these issues as related to Harbor Cay. Please know that we will provide any information or research that you need. Jeff From: Bressner, Kurt Sent: Fri 3/16/2007 10:31 AM To: Byrne, Nancy Cc: Livergood, Jeffrey 4/9/2007 Page 3 of3 Subject: FW: Lakeside Harbor Homeowner Attacments This is pertinent information to the discussions regarding the multi-family development at the end of the street. Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: BOnnjO@aol.com [mailto:BOnnjO@aol.com] Sent: Friday, March 16, 2007 9:40 AM To: Bressner, Kurt Cc: Taylor, Jerry Subject: Lakeside Harbor Homeowner Attacments I am attaching the recorded judgement from the Palm Beach Clerk of courts and other pertinent papers regarding the issues outlined below: 1. The road needs to be repaired from the entrance of Dixie Highway to where the current location the road ends, with the footage of property being the indicating factor of price per homeowner. 2. The Dock needs to be repaired immediately as it is a safety concern for all parties and Harbor Cay is showing this dock to prospective buyers and allowing them to access it. Each homeowner will be responsible for their portion of cost, with the exception of Michael Singer as stated in judgement. 3. At the variance hearing for land use, there where issues that needed to be resolved but not limited to, before Harbor Cay could receive a permit. The following are my concerns: a. Building Height along the southeast portion exceed height restrictions for residential development. Excess number of units/per parking ratio. (again, profit should not be a factor in determining use of an area. We all have to live here and pushing the number of buildings over the max allowed will have an impact on the residential homes needing to access the street as well as city services.) b. The front section of the development is fenced, and the grass area that stabilizes the soil is not being properly maintained, causing dirt and debris to cover our yards. Please have the entire construction site fenced. This also leads me to the fact that I do not see a retaining wall along the back east portion of their plans just foliage, is this allowable. I would like to see some privacy from the town homes and separation from townhome vs single family. c. There is also the issue with the gate. The homeowners are willing to relocate and share the cost, but again Harbor Cay needs to return the gate and all controls to us in the condition it was in prior damage occurred due to demolition. According to Sid's last verbal conversation with John Yull, he had a meeting with Mayor Taylor. I must ask if the planning and zoning will not approve Harbor Cays request what would the mayor have to input that would make the outcome different. I would like to enact the sunshine law and obtain information regarding that meeting. Please call ASAP today as this is extremely important for all of to move forward. I can be reached at my office (954)492-9191 x 19 or via cell (954)275-2030. AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. 4/9/2007 Page 1 of3 Bressner, Kurt From: Blasie,Scott Sent: Friday, March 16, 2007 12:35 PM To: Byrne, Nancy; Bressner, Kurt Cc: Livergood, Jeffrey; Bucklew, William; Berger, Pat; Rumpf, Michael; Breese, Ed Subject: RE: Lakeside Harbor Homeowner Attacments Added Fodder: Our contact person/liaison for Lakeside Harbor (Mr. Yull) tells me they intend to resurface their easement with our without Harbor Cay's involvement. I also confirmed yesterday that the contractor that pulled the dock permit was ready to go when the permit was pulled, but has held off at the request of Harbor Cay. Scott Blasie Code Compliance Administrator (561) 742-6121 (561) 742-6838 (Fax) Diversity - Integrity - Stewardship - Creativity From: Byrne, Nancy Sent: Friday, March 16, 2007 11:34 AM To: Bressner, Kurt Cc: Livergood, Jeffrey; Bucklew, William; Blasie,Scott; Berger, Pat; Rumpf, Michael; Breese, Ed Subject: FW: Lakeside Harbor Homeowner Attacments Kurt, (1.) I did not see any permits for the paving, but depending on the type of paving/resurfacing they are doing, a permit may not have been required by Engineer. I will follow up with Jeff and Pat Berger when she returns on Monday. (2.) They have a valid permit for the dock/seawall repair, 06-6237, issued on 10/03/06 to Ray Qualmann Marine Construction, Inc. (3.a) I have reconfirmed with Planning & Zoning that no petition for modification to the site plan has been received, nor have any revisions been submitted to Building which would trigger a minor or major mod. That doesn't preclude them from coming forward at some future point, but since the site plan will be coming forward for extension soon, Commission will have the opportunity to question the developer further about his intent at that time. (3.b) Building can work with Code to assure that site maintenance is occurring and that impacts of construction are minimized to the neighbors. When Bill returns on Monday, I will have him work with Scott to address these specific concerns. (3.c) This appears to be a civil matter between the Lakeside Harbor HOA and Harbor Cay. I'm not quite clear on what your direction to staff is. Please let me know if you need additional information beyond what is provided here, or how you would like me to proceed. Nancy 4/9/2007 Page 2 of3 From: Livergood, Jeffrey Sent: Friday, March 16, 2007 10:34 AM To: Bressner, Kurt; Byrne, Nancy Subject: RE: Lakeside Harbor Homeowner Attacments Nancy, I will read through this. Should be interesting. I have quizzed the Engr. staff and they are not aware of most of these issues as related to Harbor Cay. Please know that we will provide any information or research that you need. Jeff From: Bressner, Kurt Sent: Fri 3/16/2007 10:31 AM To: Byrne, Nancy Cc: Livergood, Jeffrey Subject: FW: Lakeside Harbor Homeowner Attacments This is pertinent information to the discussions regarding the multi-family development at the end of the street. Florida has a very broad public records law. Most written communications to or from local officials regarding Cizv business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: BOnnjO@aol.com [mailto:BOnnjO@aol.com] Sent: Friday, March 16, 2007 9:40 AM To: Bressner, Kurt Cc: Taylor, Jerry Subject: Lakeside Harbor Homeowner Attacments I am attaching the recorded judgement from the Palm Beach Clerk of courts and other pertinent papers regarding the issues outlined below: 1. The road needs to be repaired from the entrance of Dixie Highway to where the current location the road ends, with the footage of property being the indicating factor of price per homeowner. 2. The Dock needs to be repaired immediately as it is a safety concern for all parties and Harbor Cay is showing this dock to prospective buyers and allowing them to access it. Each homeowner will be responsible for their portion of cost, with the exception of Michael Singer as stated in judgement. 3. At the variance hearing for land use, there where issues that needed to be resolved but not limited to, before Harbor Cay could receive a permit. The following are my concerns: a. Building Height along the southeast portion exceed height restrictions for residential development. Excess number of units/per parking ratio. (again, profit should not be a factor in determining use of an area. We all have to live here and pushing the number of buildings over the max allowed will have an impact on the residential homes needing to access the street as well as city services.) b. The front section of the development is fenced, and the grass area that stabilizes the 4/9/2007 Page 3 of3 soil is not being properly maintained, causing dirt and debris to cover our yards. Please have the entire construction site fenced. This also leads me to the fact that I do not see a retaining wall along the back east portion of their plans just foliage, is this allowable. I would like to see some privacy from the townhomes and separation from townhome vs single family. c. There is also the issue with the gate. The homeowners are willing to relocate and share the cost, but again Harbor Cay needs to return the gate and all controls to us in the condition it was in prior damage occurred due to demolition. According to Sid's last verbal conversation with John Yull, he had a meeting with Mayor Taylor. I must ask if the planning and zoning will not approve Harbor Cays request what would the mayor have to input that would make the outcome different. I would like to enact the sunshine law and obtain information regarding that meeting. Please call ASAP today as this is extremely important for all of to move forward. I can be reached at my office (954)492-9191 x 19 or via cell (954)275-2030. AOL now offers free email to everyone. Find out more about what's free from AOLatAOL.com. 4/9/2007 Page 1 of2 Bressner, Kurt From: Byrne, Nancy Sent: Friday, March 16,200711 :34 AM To: Bressner, Kurt Cc: Livergood, Jeffrey; Bucklew, William; Blasie,Scott; Berger, Pat; Rumpf, Michael; Breese, Ed Subject: FW: Lakeside Harbor Homeowner Attacments Kurt, (1.) I did not see any permits for the paving, but depending on the type of paving/resurfacing they are doing, a permit may not have been required by Engineer. I will follow up with Jeff and Pat Berger when she returns on Monday. (2.) They have a valid permit for the dock/seawall repair, 06-6237, issued on 10/03/06 to Ray Qualmann Marine Construction, Inc. (3.a) I have reconfirmed with Planning & Zoning that no petition for modification to the site plan has been received, nor have any revisions been submitted to Building which would trigger a minor or major mod. That doesn't preclude them from coming forward at some future point, but since the site plan will be coming forward for extension soon, Commission will have the opportunity to question the developer further about his intent at that time. (3.b) Building can work with Code to assure that site maintenance is occurring and that impacts of construction are minimized to the neighbors. When Bill returns on Monday, I will have him work with Scott to address these specific concerns. (3.c) This appears to be a civil matter between the Lakeside Harbor HOA and Harbor Cay. I'm not quite clear on what your direction to staff is. Please let me know if you need additional information beyond what is provided here, or how you would like me to proceed. Nancy From: Livergood, Jeffrey Sent: Friday, March 16, 2007 10:34 AM To: Bressner, Kurt; Byrne, Nancy Subject: RE: Lakeside Harbor Homeowner Attacments Nancy, I will read through this. Should be interesting. I have quizzed the Engr. staff and they are not aware of most of these issues as related to Harbor Cay. Please know that we will provide any information or research that you need. Jeff From: Bressner, Kurt Sent: Fri 3/16/2007 10:31 AM To: Byrne, Nancy Cc: Livergood, Jeffrey Subject: FW: Lakeside Harbor Homeowner Attacments 4/9/2007 Page 2 of2 This is pertinent information to the discussions regarding the multi-family development at the end of the street. Florida has a very broad public records law. Most written communications to or from local officials regarding Ci~v business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: BOnnjO@aol,com [mailto:BOnnjO@aol,com] Sent: Friday, March 16, 2007 9:40 AM To: Bressner, Kurt Cc: Taylor, Jerry Subject: Lakeside Harbor Homeowner Attacments I am attaching the recorded judgement from the Palm Beach Clerk of courts and other pertinent papers regarding the issues outlined below: 1. The road needs to be repaired from the entrance of Dixie Highway to where the current location the road ends, with the footage of property being the indicating factor of price per homeowner. 2. The Dock needs to be repaired immediately as it is a safety concern for all parties and Harbor Cay is showing this dock to prospective buyers and allowing them to access it. Each homeowner will be responsible for their portion of cost, with the exception of Michael Singer as stated in judgement. 3. At the variance hearing for land use, there where issues that needed to be resolved but not limited to, before Harbor Cay could receive a permit. The following are my concerns: a. Building Height along the southeast portion exceed height restrictions for residential development. Excess number of units/per parking ratio. (again, profit should not be a factor in determining use of an area. We all have to live here and pushing the number of buildings over the max allowed will have an impact on the residential homes needing to access the street as well as city services.) b. The front section of the development is fenced, and the grass area that stabilizes the soil is not being properly maintained, causing dirt and debris to cover our yards. Please have the entire construction site fenced. This also leads me to the fact that I do not see a retaining wall along the back east portion of their plans just foliage, is this allowable. I would like to see some privacy from the townhomes and separation from townhome vs single family. c. There is also the issue with the gate. The homeowners are willing to relocate and share the cost, but again Harbor Cay needs to return the gate and all controls to us in the condition it was in prior damage occurred due to demolition. According to Sid's last verbal conversation with John Yull, he had a meeting with Mayor Taylor. I must ask if the planning and zoning will not approve Harbor Cays request what would the mayor have to input that would make the outcome different. I would like to enact the sunshine law and obtain information regarding that meeting. Please call ASAP today as this is extremely important for all of to move forward. I can be reached at my office (954)492-9191 x 19 or via cell (954)275-2030. AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. 4/9/2007 Page 1 of3 Bressner, Kurt From: Blasie,Scott Sent: Wednesday, February 21,20078:01 AM To: Bressner, Kurt; Byrne, Nancy Cc: Welsh, Pam; LeJeune, Carisse Subject: RE: Harbor Cay Good morning, My knowledge of this area is that the asphalt strip is actually an easement to be enjoyed and maintained by the residents abutting said easement. Maintenance is required as per Chapter 10, Section 10-2 of our Code of Ordinances. This easement has never been maintained and had pot holes for years due to the lack of resident's maintenance. This isn't something that happened overnight. I don't believe the statement that $65,000.00 was spent to convince the City they have ownership rights to the dock is accurate. As someone that's been involved in the dock issue from the beginning and remain involved today, I happen to know they spent that money to fight one or two residents that had other plans for that dock, thus the last note about Mr. Singer. I have to be blunt on this. It appears Ms. Jones is attempting to brush years of neglect by the properly owners on this easement under the rug and now is passing blame to the developer and the City. We can add salt to the wound by citing the property owners to repair their roadway, or we can wait for the extension to come back to City Commission. Scott Blasie Code Compliance Administrator (561) 742-6121 (561) 742-6838 (Fax) Diversity - Integrity - Stewardship - Creativity -----Original Message----- From: Bressner, Kurl Sent: Tuesday, February 20, 20075:59 PM To: Byrne, Nancy Cc: Welsh, Pam; Lejeune, Carisse; Blasie,Scott Subject: Re: Harbor Cay Ok. I assume then the burden falls to Code? I remember his quote in the paper. Kurl -----Original Message----- From: Byrne, Nancy <ByrneN@ci.boynton-beach.fl.us> To: Bressner, Kurl <BressnerK@ci.boynton-beach.fI.us> CC: Welsh, Pam <welshp@ci.boynton-beach.fl.us>; Lejeune, Carisse <LeJeuneC@ci.boynton-beach.fl.us>; Blasie, Scott <BlasieS@ci.boynton-beach.fI.us> Sent: Tue Feb 2016:44:142007 Subject: FW: Harbor Cay No Kurl, this development is on the east side of Federal Hwy, just norlh of the Shell station at Gateway. You will remember him, since he is the developer recently quoted as stating that his project needed to be adverlised as Hypoluxo because of all of the negative publicity associated with Boynton Beach. Mike's additional feedback below. Unless he pulls a building permit, we really don't have any teeth to force him to make any of the improvements associated with the Conditions of Approval on the site plan. 4/9/2007 Page 2 of3 Nancy ext 6374 -----Original Message----- From: Rumpf, Michael Sent: Tuesday, February 20, 20073:53 PM To: Byrne, Nancy; Breese, Ed Subject: RE: Harbor Cay Approval was on May 2, 2006, so about 2 months left. He objected to several issues, particularly the setback requirements. Perhaps Ed recalls something else. It doesn't matter at this point what he objected to. Instead, what matters is what actually got approved. Mike -----Original Message----- From: Byrne, Nancy Sent: Tuesday, February 20, 20073:05 PM To: Rumpf, Michael; Breese, Ed Subject: Harbor Cay Mike or Ed, I'm not familiar with this developer, other than his recent negative comments about having to advertise his project as existing in Hypoluxo to avoid the "gang violence" connotations of Boynton. Can you provide some background, specific to Kurt's reference about him balking at Conditions of Approval? How long is his site plan good for before he has to come back to Commission for extension? Nancy -----Original Message----- From: Bressner, Kurt Sent: Tuesday, February 20, 2007 3:02 PM To: Taylor, Jerry Cc: Byrne, Nancy; Blasie,Scott; Welsh, Pam; LeJeune, Carisse; Costello, Joyce Subject: Lakeside Mayor, I'll ask Development and Code Compliance to respond to this as both departments have been involved. Nancy -- is this the development on the west end of the street on Federal Highway? If so, he is the same developer who complained about the conditions of approval. Pam -- Carisse is going out of town next week -- could you consolidate the department responses when they come in? Thanks. Kurt Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. -----Original Message----- From: Taylor, Jerry Sent: Tuesday, February 20, 20072:46 PM To: Bressner, Kurt Subject: Fw: Can I get an update on this problem, maybe from code enforcement? Jerry T. 4/9/2007 Page 3 of3 Sent from my BlackBerry Wireless Device -----Original Message----- From: Bonnie Jones <bonnjo@gulfbuilding.com> To: Taylor, Jerry < Taylor J@ci.boynton-beach.fl.us> Sent: Thu Feb 0811:54:592007 Subject: I like you, are tired of the run around we are getting from these developers in the city. They buy property, and due to lack of funding and decrease in sales, let their lots become overgrown and littered. I also have this problem, I live on Lakeside Harbor Drive and since the city does not own our street, and the developer will not move on his plans, I have to drive down a potholed broken asphalt road, which since my car is small so it bottoms out. All we ever hear from him is I'm waiting on funding. I happen to also know he is waiting on approvals from the city. The last time I spoke to someone in the city, he is not even close. Harbor Cay town homes is also holding our permit for the dock repair, this also happens to be waiting on funding. What I need to know now is what are my options in making this developer move forward with road repairs and repair the dock which he had promised to do? I have finally convinced the neighbors that we need maintain our street and community even if he does not. Money wise we cannot afford to find another attorney since we had just spent over $65,000.00 for the city to accept that we all have ownership rights to the dock at the end of the street. We now have a majority rules on the maintenance items required to keep our community up to standards. I have continually complained about the run down condition of several properties to code compliance and expect to see Michael Singer appear at the Feb 21, 2007 meeting. Please contact me at your earliest convenience; I would like to meet with you to discuss the advancement of our community. Bonnie Jones Gulf Building Corp Phone: 954.492.9191 x 19 Fax: 954.492.5291 4/9/2007 Page 1 of 4 Bressner, Kurt From: Livergood, Jeffrey Sent: Monday, April 09, 2007 10:57 AM To: Bressner, Kurt Subject: RE: Lakeside Harbor Homeowner Attacments Kurt, The Mayor called me this morning on a traffic matter. He also said that he received another phone call from Bonnie Jones (cell 954-275-2030) and he asked that I follow through with her on the Harbor Cay issue referenced below. What should I be doing? It appears that there are no issues related to the City that I can see. Jeff Jeffrey R. Livergood, P.E. Director of Public Works and Engineering City of Boynton Beach, Florida 561-742-6201 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Bressner, Kurt Sent: Friday, March 16, 2007 4:01 PM To: 'BOnnjO@aol.com' Cc: Taylor, Jerry; Byrne, Nancy; Livergood, Jeffrey; Blasie,Scott Subject: RE: Lakeside Harbor Homeowner Attacments Ms. Jones, Thank you. I have circulated the documents to our Development, Engineering and Code Compliance Departments to sort out who is supposed to be doing what. By "who" I don't necessarily say just the City but include the developer and the property owners. Hopefully, I'll have a good composite picture by the middle of next week and then we can sit down to discuss issues. Thanks again for your patience. With respect to your comment about the meeting that the Mayor had with the developer, I was there. The discussion focused on the engineering review for the development and a code compliance issue for the sales trailer. The issue of any site plan changes did not come up. At the end of this e-mail, I have copied the confirmation from staff that we have not received any request for any site plan modifications from the developer. 4/9/2007 Page 2 of 4 Kurt Bressner City Manager Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: BOnnjO@aol.com [mailto:BOnnjO@aol.com] Sent: Friday, March 16, 2007 9:40 AM To: Bressner, Kurt Cc: Taylor, Jerry Subject: Lakeside Harbor Homeowner Attacments I am attaching the recorded judgement from the Palm Beach Clerk of courts and other pertinent papers regarding the issues outlined below: 1. The road needs to be repaired from the entrance of Dixie Highway to where the current location the road ends, with the footage of property being the indicating factor of price per homeowner. 2. The Dock needs to be repaired immediately as it is a safety concern for all parties and Harbor Cay is showing this dock to prospective buyers and allowing them to access it. Each homeowner will be responsible for their portion of cost, with the exception of Michael Singer as stated in judgement. 3. At the variance hearing for land use, there where issues that needed to be resolved but not limited to, before Harbor Cay could receive a permit. The following are my concerns: a. Building Height along the southeast portion exceed height restrictions for residential development. Excess number of units/per parking ratio. (again, profit should not be a factor in determining use of an area. We all have to live here and pushing the number of buildings over the max allowed will have an impact on the residential homes needing to access the street as well as city services.) b. The front section of the development is fenced, and the grass area that stabilizes the soil is not being properly maintained, causing dirt and debris to cover our yards. Please have the entire construction site fenced. This also leads me to the fact that I do not see a retaining wall along the back east portion of their plans just foliage, is this allowable. I would like to see some privacy from the townhomes and separation from town home vs single family. c. There is also the issue with the gate. The homeowners are willing to relocate and share the cost, but again Harbor Cay needs to return the gate and all controls to us in the condition it was in prior damage occurred due to demolition. According to Sid's last verbal conversation with John Yull, he had a meeting with Mayor Taylor. I must ask if the planning and zoning will not approve Harbor Cays request what would the mayor have to input that would make the outcome different. I would like to enact the sunshine law and obtain information regarding that meeting. Please call ASAP today as this is extremely important for all of to move forward. I can be reached at my office (954)492-9191 x 19 or via cell (954)275-2030. AOL now offers free email to everyone. Find out more about what's free from AOLatAOL.com. 4/9/2007 Page 3 of 4 -----Original Message----- From: Byrne, Nancy Sent: Thursday, March 08, 2007 7:48 AM To: Bressner, Kurt Cc: LeJeune, Carisse; Taylor, Jerry; Livergood, Jeffrey; Costello, Joyce Subject: FW: Harbor Cay Kurt, P&Z has confirmed that Harbor Cay has not approached the City to modify the site plan to increase units. Nancy -----Original Message----- From: Breese, Ed Sent: Thursday, March 08, 2007 7:26 AM To: Byrne, Nancy; Rumpf, Michael Subject: RE: Harbor Hall NO, they have not! -----Original Message----- From: Byrne, Nancy Sent: Thursday, March 08, 2007 7:19 AM To: Rumpf, Michael; Breese, Ed Subject: RE: Harbor Hall Ed or Mike, has Harbor Cay approached the City to modify their site plan? The inquiry below is stating that they are attempting to increase the number of units. N -----Original Message----- From: Bressner, Kurt Sent: Wed 3/7/2007 1:18 PM To: 'BOnnjO@aol.com' Cc: Byrne, Nancy; LeJeune, Carisse; Taylor, Jerry; Livergood, Jeffrey; Costello, Joyce Subject: Harbor Hall Ms. Jones, Mayor Taylor provided me a copy of your email. I am not aware of a change in the number of units but will check with our Development Department. Regarding the other issues related to the dock, street etc., please provide me with copies of any court judgement regarding access. I wil relay your email to staff for additional research and response. Kurt Bressner. -----Original Message----- From: BOnnjO@aol.com <BOnnjO@aol.com> To: Taylor, Jerry CC: NEWS PBPOST; contact5@wptv.com <contact5@wptv.com>; Bressner, Kurt Sent: Tue Mar 06 22:35:13 2007 Subject: Harbor Cay Townhomes 4/9/2007 Page 4 of 4 Mr Taylor< I am writing to you for the second time to request the status of Harbor Cay Townhomes. I am also copying the Palm Beach Post and Channel 5. The homeowners on Lakeside Harbor have had it with the passive way the City is currently handling our situation. We had just finished a $65,000 lawsuit to prove to city, Michael Singer and Don Tracey that we also have rights to the dock located in the easement, thus stopping once and fore all the Boynton Beach Police department trying to arrest us for trespassing on private property, only now to be held hostage by developer of Harbor Cay Townhomes. They had sign a letter of intent to repair the street and replace the dock prior to the variance hearing for rezoning. One item of importance to us was the density issue, which the city had stated that the current requested number of townhomes would have to be reduced. It has corne to my attention that a meeting is planned with you to allow the increase of units in order for Harbor Cay to make a profit. Well let me say this I don't care if he goes bankrupt or never builds those townhomes. If he is allowed the number of units requested the impact on parking and allowance of public service to the private section of the street will be severely hindered and in worse case will not allow an ambulance or fire truck access. I see no benefit other than to the developer if this is allowed. We also need the permit from sid which he is holding from us and time is ticking to when it will expire. The dock is very close to collapsing and we want to repair it immediate, but the contractor will not work with us unless Harbor Cay approves it.. We have no need for him to cover the full cost of the dock as promised and are willing to pay for the epense ourselves. But the issue of the repair of the street is something that must be addressed immediately and his portion paid for, we cannot wait for him to finish building the townhomes which I don't think in this economy he even has a prayer of starting, but he needs to pay his fair share and now. Your service trucks need to gain access this street and as heavy as they are and as bad as the street is they are creating even larger potholes. The last issure is the gate which we want moved back, again the city allowed the original permit and now is reneging saying we did not provide the proper paperwork to grandfather the gate where it stands. Can't figure this one out either, it's never the city's fault, but no matter we are satisfied just have the gate relocated. All I am is requesting a meeting and that you act in the best interest of the community not the developer trying to which whatever means achieve his goal of a profit. Please contact me ASAP, I can be reached by phone (954)275-2030. Time is of essence. Bonnie K Jones 628 Lakeside Harbor Drive Boynton Beach, FL 33435 4/9/2007