Old Port Cove South Marina CPUD Declaration of Off-Site Parking urban
design
transmittal
ki I day
December 9, 2011 STUDIOS
TO: Jodi Nentwick, Village of North Palm Beach Planner Urban Planning and Design
Landscape Architecture
FROM: Collene Walter Communication Graphics
RE: Old Port Cove South Marina CPUD
Declaration of Off-Site Parking
Attached please find the original executed Declaration of Off Site Parking for the above project,
which is being submitted to the Village to comply with a condition of approval included in the
Ordinance. Please let me know if you need any additional information. Thank you.
cc: Len Rubin, Village of North Palm Beach Attorney (with attachment)
Rick Morgan, Old Port Cove Holdings (w/o attachment)
Bob Graham, Gunster (w/o attachment)
477 S. Rosemary Avenue
Suite 225-The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDKstudios.com
LCC35
PREPARED BY and RETURN TO:
Robert M. Graham,Esquire
Gunster, Yoakley& Stewart, P. A.
777 South Flagler Drive, Suite 500 East
West Palm Beach, Florida 33401
Parcel ID Nos. 68-43-42-09-00-001-0040
68-43-42-09-00-001-0062
68-43-42-09-00-001-0080
68-43-42-09-00-001-0090
DECLARATION OF OFF SITE PARKING
This Declaration of Off Site Parking is made thi "l day of Krc�Jee■A , 2011, by Old
Port Cove Holdings, Inc., a Florida corporation("OPCH"), and Old Port Cove Equities Inc., a
Canadian corporation("OPCE") (collectively OPCH and OPCE are the "Declarants"),whose
address is 112 Lakeshore Drive,North Palm Beach,Florida 33408.
RECITALS
WHEREAS,the Declarants are the fee simple owners of the property described in Exhibit
"A"attached hereto and made a part hereof("Yacht Club and Marina Parcels")and the property
described in Exhibit`B"attached hereto (Cove Plaza"); and
WHEREAS, the Declarants are desirous of making improvements to its Yacht Club and
Marina Parcels and requested approval of a Planned Unit Development ("PUD") from the
Village of North Palm Beach("Village") encompassing both the Yacht Club and Marina Parcels;
and
WHEREAS, the Village has enacted Ordinance No. 2011-20 approving a PUD for the
Yacht Club and Marina Parcels ("PUD Ordinance"), which includes certain conditions and
requirements applicable to the Yacht Club and Marina Parcels, including, but not limited to, a
Declaration of Off Site Parking at Cove Plaza; and
WHEREAS, as supported by the Shared Parking Analysis submitted as part of the PUD
application,there exist unique conditions specific to the Yacht Club and Marina Parcels that
support off site parking.
NOW, THEREFORE, in consideration of Ten Dollars and the promises and covenants
contained herein and other good and valuable consideration,the receipt and adequacy of which is
hereby acknowledged, the Declarants hereby agree as follows:
1. The recitals set forth above are true and correct and are incorporated herein.
WPB_ACTIVE 2844315.2
2. The Declarants hereby grant to the Yacht Club and Marina Parcels the right to use
up to 40 parking spaces located in Cove Plaza in conjunction with the conditions
and requirements imposed by the Village as set forth in the PUD Ordinance.
3. The Declarants hereby agree that this Declaration of Off Site Parking is binding
upon the Declarants,their successors and assigns, and shall run with the land.
4. This Agreement may only be modified, amended, terminated, or released by a
recordable instrument executed by the fee simple owners of the Yacht Club and
Marina Parcels,the Cove Plaza,and the Mayor of the Village of North Palm Beach.
IN WITNESS WHEREOF,the Declarants have executed this Declaration of Off
Site Parking on the day and year first above written.
Signed, sealed and delivered
e presence of: Old Port Cove Holdings, Inc.,a Florida corporation
B 4111.1. _ ,a140/
-
Print: Ar,IMM Richard G. Morgan
Its President
Ate," c (
Print: a J. ZaI '
STATE OF FLORIDA )
ss.
COUNTY OF PALM BEACH )
The foregoing instrument w a s acknowledged b e f o r e me this)d a y of/ <T 4 __- , 2011
by Richard G. Morgan, President of Old Port Cove Hold' .s, Inc., a Florida corporation, on
behalf of the corporation. The above-named individ . 1►4 i personally known to me or❑ has
produced as identification.
Print N. 6. are-, 11+ •
NOTARY PUBLI - STATE OF FLORIDA
(Notarial Seal) Commission Number:
My commission expires:
,``ar'o"•• SUSAN E.CHADDERDON
�1P Vp••
Notary Public-State of Florida
* !'` :• My Comm.Expires Jan 18,2013
Commission#DD 837132
°, ,,,, Bonded Through National Notary Assn.
WPB_ACTIVE 2844315.2
Signed, sealed and delivered
e presence of: Old Port Cove Equities Inc., a Canadian corporation
. _ ter B
Print: 4,p.v9 �,,� Richard G. Morgan
_
- AP Its Vice President
L .fit• .
Print: wM17411tW
STATE OF FLORIDA )
)ss.
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this lay ofA_2 , 2011
by Richard G. Morgan,Vice President of Old Port Cove • es Inc., a Canadian corporation,
on behalf of the corporation. The above-named individual is personally known to me or ❑
has produced as identification.
1
IL.41......, -,- i___ '
NIP
Print Name: vfe _ E�*A%-FA
NOTARY PUBLIC - STATE OF FLORIDA
(Notarial Seal) Commission Number:
My commission expires:
41 - - - -
V,V SUSAN E.CHADDERDON `
.,�Pav ode p�
I=°: «0 Notary Public-State of Florida
( ```: :•;My Comm.Expires Jan 18,2013
N ui .ec
", ��%P,� Commission#DD 837132
q °4O,∎:A°% Bonded Through National Notary Assn.
WPB_ACTIVE 2844315.2 .
EXHIBIT"A"
DESCRIPTION
OLD PORT COVE YACHT CLUB PARCEL
(REVISED)
A certain parcel of real property in Section 9, Township 42 South, Range 43 East,Palm
Beach County, Florida, more particularly described as follows:
Commencing at the point of intersection of the South line of Government Lot 8, Section
4, Township 42 South, Range 43 East, according to the plat thereof recorded in Plat Book 18,
Page 4, Public Records of Palm Beach County, Florida, with the Easterly right-of-way line of
State Road No. 5 (U.S. Highway No. 1)according to the plat thereof recorded in Road Plat Book
2, Pages 105 to 118, inclusive,thence South 88°-23'-35"East, along said South line of
Government Lot 8,a distance of 707.11 feet to a point on the Easterly face of a concrete
bulkhead, said point being also in the Corps of Engineers,U.S. Army permit line, granted May
21 1957; thence South 21° -35' -40"East, along the face of said bulkhead and said U.S. Army
permit line,a distance of 236.52 feet;thence South 1°-53'-21"West, along the face of said
bulkhead and said U.S. Army permit line,a distance of 214.58 feet;thence South 88°-06'-39"
East, along the face of said bulkhead and said U.S. Army permit line, a distance of 93.23 feet;
thence South 30° -06'-17"East, along the face of said bulkhead and said U.S. Army permit line a
distance of 1229.85 feet; thence departing from said bulkhead and said U.S. Army permit line
run South 30°-52'-30" West, a distance of 8.01 feet to a line parallel with and 7.0 feet Westerly
from measured at right angles to said bulkhead and permit line and the Point of Beginning of the
herein described parcel;thence South 30°-06'-17"East and running along the westerly boundary
of that certain walkway easement described in Official Record Book 1907, Page 989, a distance
of 146.38 feet; thence South 30°-52'-30"West,a distance of 347.47 feet;thence departing from
said walkway easement North 59° -07' -30" West, 18.0 feet; thence South 30°-52'-30" West,
162.98 feet;thence North 59°-07'-30" West, 110.0 feet to the Southeast line of Phase III, so
called;thence North 30°-52'-30"East along said Southeast line of Phase III, so called, 581.47
feet to the POINT OF BEGINNING.
CONTAINING 1.54 acres,more or less.
WPB_ACTIVE 2844315.2
EXHIBIT"A"
DESCRIPTION
"MARINA PARCEL"
A certain parcel of real property in Section 9, Township 42 South, Range 43 East, Palm
Beach County, Florida, more particularly described as follows:
Commencing at the point of intersection of the South line of Government Lot 8, Section
4, Township 42 South, Range 43 East, according to the plat thereof recorded in Plat Book 18,
Page 4, Public Records of Palm Beach County, Florida, with the easterly right-of-way line of
State Road No. 5 (U.S. Highway No. 1)according to the plat thereof recorded in Road Plat Book
2, Pages 105 to 118, inclusive,thence South 88°-23'-35"East, along said South line of
Government Lot 8,a distance of 707.11 feet to a point on the easterly face of a concrete
bulkhead, said point being also in the Corps of Engineers,U.S. Army permit line, granted May
21, 1957;thence South 21°-35'-40"East, along the face of said bulkhead and said U.S. Army
permit line,a distance of 236.52 feet; thence South 1° -53'-21" West,along the face of said
bulkhead and said U.S. Army permit line, a distance of 214.58 feet,thence South 88°-06' -39"
East, along the face of said bulkhead and said U.S. Army permit line, a distance of 93.23 feet;
thence South 30°-06'-17"East,along the face of said bulkhead and said U.S. Army permit line a
distance of 1229.85 feet; thence departing from said bulkhead and said U.S. Army permit line
run South 30°-52'-30" West,a distance of 8.01 feet to a line parallel with and 7.0 feet westerly
from measured at right angles to said bulkhead and permit line; thence South 30° -06' -17"East
and running along the westerly boundary of that certain walkway easement described in Official
Record Book 1907, Page 989, a distance of 146.38 feet;thence South 30° -52' -30" West, a
distance of 347.47 feet to the POINT OF BEGINNING; thence South 59° -07' -30"East 180.34
feet; thence departing from said walk-way easement South 30° -52' -30"West, 162.98 feet;
thence North 59° -07' -30"West, 198.34 feet;thence North 30° -52' -30"East 162.98 feet;
thence South 59° -07' -30"East 18.0 feet;to the POINT OF BEGINNING.
Containing 0.74 acres, more or less.
WPB_ACTIVE 2844315.2
EXHIBIT`B"
DESCRIPTION
"COVE PLAZA"
A parcel of land in Section 9, Township 42 South,Range 43 East, Palm Beach County,
Florida,being more particularly described as follows:
Commencing at the intersection of the easterly right-of-way line of State Road No. 5 as
same is shown on map recorded in Road Plat Book 2,Pages 105-118, Public Records of Palm
Beach County, Florida, with the South line of Government Lot 8 in Section 4 run thence South
21°-35' -40"East along said easterly Right-of-Way line of State Road No. 5, 71.48 feet to a
point in a curve concave to the Southeast having a radius of 25.00 feet, a central angle of 23° -
09' -08"and whose tangent at this point bears North 52° -08' -43" East;thence northeasterly
along the arc of said curve 10.10 feet;thence South 21° -35' -40"East 105.53 feet to the Point of
Beginning;thence South 88°-23'-35"East 48.00 feet;thence North 01°-36'-25"East 21.00 feet;
thence South 88° -23' -35"East 145.20 feet;thence North 01° -36' -25" East 2.95 feet;thence
South 88°-23'-35"East 18.63 feet;thence South 01°-36'-25"West 0.95 feet;thence South 88°-
23'-35"East 69.89 feet; thence South 21°-35'-40"East 86.06 feet;thence South 01°-36'-25"
West 30.90 feet;thence South 88°-23'-35"East 4.17 feet to a point in a curve concave to the
Northeast having a radius of 40.00 feet and a central angle of 90°; thence southeasterly along the
arc of said curve subtending an angle of 59° -00 -48"41.20 feet; thence South 16°-30'-00"East
461.48 feet; thence South 1°-36'-25"West 95.11 feet to a point in curve concave to the
Northwest having a radius of 25.00 feet and a central angle of 90°;thence Southeasterly along
the arc of said curve 39.27 feet; thence North 88°-23'-35" West 140.56 feet; thence South 85°-
04'-20" West 20.88 feet more or less to point in a curve concave to the West having a radius of
25.00 feet and a central angle of 31° -19' -19"and whose tangent at this point bears North 25°-
52'-03"East said point being in the easterly line of Parcel 1-A as same is described in O.R.B.
1907, Pages 981-982,Public Records of Palm Beach County, Florida; thence Northeasterly
along the arc of said curve 13.68 feet; thence South 85°-04'-20" West 47.55' to point in a curve
concave to the Southwest having a radius of 10.00 feet and a central angle 90°-00'-00": thence
Northwesterly along the arc of said curve 15.71 feet;thence South 85° -04' -20" West 20.39 feet
to a point in a curve concave to the Southwest having a radius of 1980.08 feet and being
concentric with and 10 feet Easterly of the said Easterly Right-of-Way line of State Road No. 5;
thence along the arc of said curve subtending an angle of 13°-40'-59"a distance of 472.88 feet;
thence South 68° -24' -20"West 3.00 feet to the beginning of a curve concave to the Southeast
having a radius of 25.00 feet and a central angle of 36°-14'-46";thence southwesterly along the
arc of said curve 7.09 feet to a point in the easterly right-of-way line of State Road No. 5, said
right-of-way line being the arc of a curve concave to the West and having a radius of 1970.08
feet;thence northerly along said arc subtending an angle of 0°-36'-35"20.97 feet to the end of
said curve; thence North 21°-35'-40"West 38.92 feet to a point in a curve concave to the
Northwest having a radius of 25.00 feet and a central angle of 36°-16'-37";thence easterly along
the arc of said curve and along the southerly line of aforesaid Parcel 1 a distance of 7.10 feet;
thence North 68°-24'-20"East 3.00 feet;thence North 21°-35'-40"West along the easterly line
of aforesaid Parcel 1 a distance of 174.81 feet,more or less,to the Point of Beginning.
Containing 4.4407 Acres, more or less
WPB_ACTIVE 2844315.2