Harbour Isles Amendment Boundary Line Change Lots 77 & 78
RESOLUTION 41-2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE-MAYOR AND VILLAGE CLERK TO ENTER INTO
AN AGREEMENT WITH DANIEL S. CATALFUMO, TRUSTEE, MARK S. SCHERER,
MARCELLA M. SCHERER AND REPUBLIC SECURITY BANK ATTACHED AS EXHIBIT
"A", WHICH AGREEMENT AMENDS THE PLAT OF HARBOUR ISLES, P.U.D., PLAT
BOOK 86, PAGE 111 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA BY CHANGING THE BOUNDARY LINE BETWEEN LOTS 77 AND 78 ;AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH'PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does
hereby approve the Agreement with Daniel S. Catalfumo, Trustee, Mark S. Scherer,
Marcella M. Scherer and Republic Security Bank attached as Exhibit "A", which Agreement
amends portions of the plat of Harbour Isles, P.U.D. Plat Book 86, Page 111 of the Public
Records of Palm Beach County, Florida, by changing the boundary line between lots 77
and 78.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to
execute the Agreement entitled "Amendment to Plat of Harbour Isles" set forth in Exhibit
"A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect upon full execution of the Amendment
to Plat of Harbour Isles and its recording in the Public records of Palm Beach County, Florida.
PASSED AND ADOPTED THIS 12th DAY OF APRIL, 2001.
(Village Seal)
ATTEST: ! ~~~L%//!~i
VILLAGE CLERK
Prepared By and Return To:
JAMES E. JACOBY, P.A.
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
AMEi`TDMENT TO PLAT OF HARBOUR ISLES
THIS AMENDMENT TO PLAT OF HARBOUR ISLES. ("Amendment") is made this
day of , 2001, by DANIEL S. CATALFUMO, as Trustee under Florida
Statute §689.071 ("Catalfumo"), whose address is 4300 Catalfumo Way, Palm Beach Gazdens,
Florida 33401, and MARKS. SCHERER and MARCELLA M. SCHERER, his wife, whose address
is _ (collectively "Scherer"} and is
joined in by THE VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation,
("Tillage") whose address is SOl U S Highway 1 North Palm Beach FL 33408
and REPUBLIC SECURITY BANK, whose address is
("Republic").
RECITALS:
A. Catalfumo is the owner of that certain real property described as Lot 77 of Harbour
Isles ("Lot 7T'') pursuant to the Plat of Harbor Isles recorded in Plat Book 86, Pages 1 I 1 through
121 Public Records of Palm Beach County, Florida (the "Plat").
B. Scherer is the owner ofthat certain real property described as Lot 78 ofHazbour Isles
pursuant to the Plat ("Lot i8").
C. The Village is requires that the homes to be constructed upon various lots contained
within Hazbour Isles, be set back at least 10 feet from the side lot Iines of the lot upon which the
home is to be constructed.
D. In order to comply with the V"illage's requirements, Catalfumo and Scherer desire to
amend portions of the Plat by changing the common boundary line between Lot 77 and Lot 78, as
more fully depicted on the Site Plan attached hereto as E:thibit "A" incorporated herein by this
reference. In effect, this amendment would remove a portion of the property from Lot 78 and add
that portion to the westerly boundary of Lot 77 as shown on the Site Plan. The portion of property
being removed from Lot 78 and appended to Lot 77 is hereinafrer referred to as the ("-Additional Set
Back Property").
E. There is no mortgage currently encumbering Lot 77 and Republic is holder of the
mortgage on Lot 78.
NOW, THEREFORE, Catalfumo, Scherer, the Village, and Republic , in consideration of
the premises, covenants and provisions herein contained, hereby agree that the Plat shall be amended
in the following manner stated below:
The above recitals are true and correct and are incorporated herein by this reference-
2. The legal description of Lot 77, is hereby amended and replaced in its entirety with
that certain legal description set forth on Exhibit "B" attached hereto and incorporated herein by this
reference.
3. The legal description of Lot 78, as contained within the Plat, is hereby
amended and replaced in its entirety with that certain legal description set forth on Exhibit "C"
attached hereto and incorporated herein by this reference.
4. Lot 77 and the Additional Setback Property, shall be deemed to be unified and shall
be henceforth considered as one lot or parcel of land and shall not be sold, assigned, transferred,
conveyed or devised separately, except in its entirety as one lot or parcel of land.
5. Catalfiuno; Scherer, the V illage, and Republic by executing this Amendment hereby
signify their consent to all matters setforth herein, including the relocation of the boundary lines and
revisions to the legal descriptions of Lot 77 and Lot 78.
6. The Village acknowledges that the relocation of the boundary lines and the removal
of the Additional Set Back Property from Lot 78 and its inclusion Lot 77 does not violate any
municipal ordinances, rules or other requirements. The Village further acknowledges that it is not
requiring that Catalfiuno and Scherer replat the affected Lots in order to accomplish the matters set
forth herein, that any such requirement for replatting is deemed waived, and that this Amendment,
upon the recording of same in the Public Records of Palm Beach County, Florida, shall be effective
in amending the Plat.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date setforth
above.
WITNESSES:
DA.i~tIEL S. CATALFLTMO, as Trustee
under Florida Statute §689.071
MARK S. SCHERE72
MARCELLA M.SCHERER
-~-
~p~eiJGL ~ THE VILLAGE OF,j~IORTI~, PALM
BEACH ~1 ~~ /J ~~
B
STATE OF FLORIDA )
)S5
COUNTY OF PALM BEACH )
REPUBLIC SECURITY BANK
BY:
Name:
The foregoing instrument was acknowledged before me this _day of .2001,
by DANIEL S. CATALFUMO, as Trustee under Florida Statute §689.071, who is_ personally
known to me or _ produced as identification.
(SEAL)
STATE OF FLORIDA )
)SS
COU?ITY OF PALM BEACH )
Notary Public
Print dame:
My Commission Expires:
The foregoing instrument was acknowledged before me this _day of .2001,
by MARK S. SCHERER, who is_ personally known to me or_ produced
as identification.
(SEAL)
Notary Public
Print Name:
My Cotmission Expires:
-3-
,~
STATE OF FLORIDX )
)SS
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
2001, by MARCELLA M. SCHERER, who is _. personally known to me or_ produced-
, as identification.
(SEAL)
STATE OF FLORIDA
Notary Public
Print Name:
My Commission Expires:
)SS
COL`NTY OF PALM BEACH )
The foregoing instrume~n~ was acknowledged before me this/L day of ;
2001, by ~AV/o~ SC3 /Vd.CJ.1-'~-S .the- l'YJ.4v~.2_ nd on behalf
of THE VILLAGE OF NORTH PALM BEACH who is personally known to me or_
produced . as identification. /~
~~pY P~jB KATHLEEN F KELLY : otan~ Public
(SEAL) z c+ COn4rni55lON # CC 649173 print \ame:
~ ~ a E%PIRE$ MAY 24, 2001
BONDEDTHRII Nfy Commission Expires:
~' OF 4~~ ATIANTiC BONDING CO., INC. -- ~ - _ --
STATE OF FLORIDA )
)SS
COL?~ITY OF PALM BEACH )
The foregoing instnunent was acknowledged before me this -day of , 2001,
b ,the and on behalf of
Y
REPUBLIC SECURITY B:~NK who is _, personally known to me or,_ produced
. as identification.
Notary Public
(SEAL) Print Name:
My Commission Expires:
-4-
6.
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EXHIBIT B
LOT 77, AS SHOWN ON THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT
BOOK 86, PAGES 111 THROUGH 121, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA,
TOGETHER WTIH THAT PORTION OF LOT 78, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 78; THENCE SOUTH
02°06'10" WEST ALONG THE EAST LINE OF SAID LOT, A DISTANCE OF 20.00
FEET; THENCE CONTINUE ALONG SAID EASTERLY LOT LINE -SOUTH
57°06'39" WEST, A DISTANCE OF 34.88 FEET TO A POINT OF CURVATURE OF
A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A
RADIUS OF 24.28 FEET, A R.SDIAL BEARING OF SOUTH 86°61'61" EAST AND A
CENTRAL ANGLE OF 60°58'32'; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE, A DISTANCE OF 25.84 FEET TO A POINT OF REVERSE
CURVATURE OF A CURVE CONCAVE TO_ THE NORTHWEST, HAVING A
RADIUS OF 33.99 FEET, A RADIAL BEARING OF NORTH 27°05'19" WEST, :~vD
A CENTRAL ANGLE OF 42°29'SS'; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE, A DISTA~~ICE OF 25.21 FEET TO THE POINT OF
BEGINNING:
EXIIIBIT ~
LOT 78, AS SHOWN ON THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT
BOOK 86, PAGES 111 THROUGH 121, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA,
LESS AND EXCEPT THAT PORTION OF LOT 78, BEING MORE PARTICULARLY
DESCRIBED AS FOLLO-WS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 78; THENCE SOUTH
02°06'10" WEST ALONG TH£ EAST LINE OF SAID LOT, A DISTANCE OF 20.00
FEET; THENCE CONTINUE ALONG SAID EASTERLY LOT LINE SOUTH
57°06'39" WEST, A DISTANCE OF 34.88 FEET TO A POINT OF CURVATURE OF
A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING- A --
RADIUS OF 24.28 FEET, A RADIAL BEARING OF SOUTH 86°S1'S1" EAST AND A
CENTRAL ANGLE OF 60°8'32' ;THENCE NORTHEASTERLY ALON"G THE ARC
OF SAID CURVE, A DISTANCE OF 25.84 FEET TO A POINT OF REVERSE
CURVATURE OF A CURVE CONCAVE TO THE_ NORTHWEST, HAVING A
RADIUS OF 33.99 FEET, A RADIAL BEARING OF_NORTH 27°05'19" WEST, AitiD
A CENTRAL ANGLE OF 42°29'SS; THENCE NORTHEASTERLY. ALONG THE
ARC OF SAID CURVE, A DISTANCE OF 25?1 FEET TO THE POINT OF
BEGINNING.
.~ ..-
VILLAGE OF NORTH PALM BEACH
RE UEST FOR COUNCIL ACTION
SUBJECT: HARBOUR ISLES
MINOR PLAT AMENDMENT
Date: MARCH 8, 2001
WORKSHOP
Attachments• Department: Public Services
Ordinance
Resolution Subject: Planning
/
Staff Report ~ ~'7l
Advisory Board Report
Finance Report Prepared by:Thomas ogarth, P.E.
X Draft Amendment
Type Action Requested: Approved by:
Ordinance
Resolution
X Formal Vote
Other Village Manager:
Orientation of Issue: Two individual lot owners at Harbor Isles have requested a minor
amendment to the platted lot boundary line separating the lots. The owner of lot #77 (Daniel
Catalfumo) desires to construct a home which would encroach into the current side setback. The
plat amendment will transfers approximately 346 S.F. from Lot #78 to lot #77. Lot #78 wilt remain
in conformance with the PUD.
Programmatic or Policy Impact: The Village would approve the change by approving a "plat
amendment' document, which will be recorded in the public records. No other aspect of the PUD
or plat is impacted. -
Fiscal Impact:
Issue Budgeted: na
Funds Available: na
Budget Transfer: na
Budget Appropriation: na
Recommendation: Staff recommends approval of the amendment as submitted. WCI submitted
a letter stating they supported the amendment.
Council Action
Workshop:
enda
ular A
Re
d t Date:
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Regular:
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( )Approve
Disa roved
VILLAGE OF NORTH PALM BEACH
ZONING CHANGE APPLICATION
Date
February 28, 2001
[ ] Annexation
(] Zoning Text
I l Rezoning
[ ] Sub-DivisfoMPUD
This application must be completed and returned with all required enclosures to be accepted by the
Village Council of the Village of North Palm Beach. The application will then be referred to the
Village Planning Commission and Village Staff for study and recommendations.
Telephone
Legal Description: see attached Lot 77: 68-43-42-OS-23-000=0770
Lots 77 ~ 7861ock Plat 86-111 Paace! Number Lot 78:- 68-43-42-OS-23-000-0780
t++++++++++++++++++++++++++++++++++,e+++++++++++++++++++++++++++e++++++++++++++e+++e++++++++++++++++++++++++++++
'Lot 77: 11,779.00 square feet
1. Dimensions of area or acres covered by application. Tot 78• 16 106 60 square- feet
2. Highway and street boundaries or address '^~ "--'~~••- T~~ es Place
North Palm Beach FL _ _
3. Existing Zoning Classification R1 Requested Zoning Classification same
4. Are any structures now located on the property? yes If so, what type(s)? single family res.
..-a',.,- ,. ,.~rrrrrti nn on Lot 78
Applicant (print) Daniel S. Catalfumo
Address 4300 Catalfumo Way -
City T~^~^ unmrfi r;araens State F't, Zip Code 33410
( 567) 694-3000 F2x (561) 691-5293
The following enclosures are submitted to complete this Application for Public Hearing:
[X] Site Plan of proposed layout.
[ ] Building plans of structures to be erected.
[X] Certified survey of area.
[ ] Tentative Sub-Division plat.
[ ] Two sketches showing all property owners within 300 ft. of the property covered by this Application.
[ ] List of names and mailing addresses of property owners and legal description of property within
300 ft. of the property covered by this Application. State source used to secure same:
Fee of $100.00, (one hundred dollars) as required by Ordinance No. 185-68 in cash or check drawn
to the order "Village of North Palm Beach." SEE NOTE "A"
Attach notarized affidavit of owner authorizing applicant to submit Application for Public Hearing.
The information above and contained on the enclosures is accurate and correct to the best of my
knowledge. The Village may rely on said information i n ~deri licat'
Ap ica s Si re
NOTE "A" Sub-Division and PUD application fees are in addition to the $100.00 application fee
required by Ordinance No. 185=68
EXHIBIT "B"
CONVEYANCE
Sketch and legal description of 345 squaze foot pazcel to be
conveyed to Lot 77 from Lot 78.
L.I
i
DESCRIPTION & SKETCH
PREPARED FOR
CATALFUMO CONSTRUCTION
& DEVELOPMENT, INC.
CONVEYANCE FROM
LOT 78 TO LOT 77
LEGAL DESCRIPTION
PLA~RBOOK 086 LPAGES X111 THROUGH ~21, PUBLPC ARECORDS~O~ PALM BEACH OCOUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 78: THENCE SOUTH 02°06'10"
WEST ALONG THE EAST LINE OF SAID LOT, A DISTANCE OF 20.00 FEET: THENCE
CONTINUE ALONG SAID EASTERLY LOT LINE SOUTH 57° 06'39" WEST, A DISTANCE OF
34.88 FEET TO A POINT OF CURVATURE OF ANON-TANGENT CURVE CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 24.28 FEET, A RADIAL BEARING OF SOUTH 86° 51'51"
EAST AND A CENTRAL ANGLE OF 60°58'32'; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE, A DISTANCE OF 25.84 FEET TO A POINT OF REVERSE CURVATURE OF
A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 33.99 FEET, A RADIAL
NORTIHEASTER ORTH~ONG OTHE 11ARCSOFSAID CURVE, A DSTANCEFOF225.21 FEETHTO E
THE POINT OF BEGINNING.
CONTPINING 345 SQUARE FEET.
SURVEYOR'S NOTES
1. THIS DRAWING IS NOT A SURVEY.
2. N0 SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DLEGALI DEISCR PT ON HS NOT VALDD UNL ESS BOTHTACCOMPANY TEACH OOTHER.E LEGAL DESCRIPTION.
4 AHFLORIDA LICEFSEIDT~U$~LE OR~10~NAPPER EMP OYEDGBY LOBERG LANDOSURVEYING, NC. SEAL OF
5. DATE OF LEG ~~r~.~~~' Y 23.2001
LIDBERG ~ ~ /
AND MAPPER
3613
~L I D B E R G LAND CAD. K\USTATION \ PLATS \ 86-111 \ 0101303 \ 0107306 u4rv
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DESCRIPTION & SKETCH
PREPARED FOR
CATALFUMO CONSTRUCTION
& DEVELOPMENT, INC.
CONVEYANCE FROM
LOT 78 TO LOT 77
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ABBREVIATIONS
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POB -POINT OF BEGINNING
POC - POWT OF COMMENCEMENT
ORB -OFFICIAL RECORD BOOK
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EXHIBIT "C"
REVISED SITE PLAN -LOTS 76, 77 & 78
Certified sketch of Lots 76, 77 and 78 depicting the
conveyance in relation to the overall character of the three
lots.
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Harbour Isles
Key Sheet
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Location Map