2001-041 Harbour Isles Plat Amendment_boundary change lots 77 & 78RESOLUTION 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: r'.
VILLAGE CLERK
Prepared By and Return To:
JAMES E. JACOBY, P.A.
• 4300 Catalfumo Way
Palm Beach Gardens, FL 33410
AMENDMENT TO PLAT OF HARBOUR I LES
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 ("Cataljumo"), whose address is 4300 Catalfumo Way, Palm Beach Gazdens,
Florida 33401, and MARKS. SCHERER and MARCELLA M. SCHERER, his wife, whose address
rs , (collectively "Scherer") and is
joined in by THE VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation,
("village") whose address is 501 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 7: ')pursuant to the Plat of Harbor Isles recorded in Plat Book 86, Pages 111 through
121 Public Records of Palm Beach County, Florida (the `'Plat").
B. Scherer is the owner of that certain real property described as Lot 78 of Hazbour 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 ] 0 feet from the side lot lines of the lot upon which the
home is to be constructed.
D. In order to comply with the Village'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 Exhibit "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 hereinafter 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:
1. 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 pazcel of land and shall not be sold, assigned, transferred,
conveyed or devised sepazately, except in its entirety as one lot or parcel of land.
~. Catalfiuno, Scherer, the Village, 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 anv
municipal ordinances, rules or other requirements. The Village further acknowledges that it is not
requiring that Catalfumo 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.
above.
IN WITNESS WHEREOF, the parties have executed this Amendment as ofthe date setforth
WITNESSES:
DANIEL S. CATALFUMO, as Trustee
under Florida Statute §689.071
MARK S. SCHERER
MARCELLA M.SCHERER
•
_~_
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
THE VILLAGE OF,~`~ORTI~ PALM
BEACH /1 ///) i1
REPUBLIC SECURITY BANK
BY:
Name:
Title:
The foregoing instrument was acknowledged before me this _day of , 2001,
by DANIEL S. CATALFUMO, as Trustee under Florida Statute §689.071, who is_ personall}•
known to me or _ produced , as identification.
(SE.9L/
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
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 Commission Expires:
-~-
STATE OF FLORIDA )
• )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 )
)SS
COUNTY OF PALM BEACH )
Notary Public
Print Name:
My Commission Expires:
The foregoing instr~e~n~ was acknowledged before me this day of
2001, by ~~.9y/d 1CS i(/D,C~/S ,the~vT R nd on behalf
of THE VILLAGE OF NORTH PALM BEACH who is / personally known to me or_
produced , as identific/at~ion.
~ /I!~ _ !/~ ~ J
,~rA/Y~Pt, IUTMLEEN P. KELLY otary Public
/SEAL s~ y~ ~ COrnhu5510N +Y CC 649173
~ ~'l E%PIRES MAY 24, 2001 Print Name:
~'~oFC~~ATIAMICeor°r`o°wcco.,uac. My Commission Expires:
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this_day of , 2001,
by ,the and on behalf of
REPUBLIC SECURITY BANK who is_ personally known to me or_ produced
. as identification.
(SEAL)
r~
U
Notary Public
Print Name:
My Commission Expires:
-4-
EXHIBIT A
x
s=
S GL ~i
~~ p~
Mr w
L
~~a
9~ie~e~6
,,
6
N'
rn
~.
c_
f
<~
w .a
J
y Z
Q O
VU
w~ ~?
og 8 ¢~
Z LL Nw
~m ~ ~a
6 C
QWW J
~~6 ~1
N^ LLO
N Q
O U
J
Z _
a~
C7 T
~ W ~'
W ~ '~
m ~ ~!.
O ~ ~~
_..i ,'
~~
i
~; S
~'
:~
ti
•
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 WITH 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, Q. 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 86'51'51" 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 BEARING OF NORTH 27'05'19" WEST, AND
A CENTRAL ANGLE OF 42'29'55"; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE, A DISTANCE OF 25.21 FEET TO THE POINT OF
BEGINNING.
•
~~
EXHIBIT C
LOT 78, AS SHOWN ON THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT
BOOK 86, PAGES ] I 1 THROUGH 121, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA,
LESS AND EXCEPT 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 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 BEARING OF NORTH 27'05'19" WEST, Pu~ID
A CENTRAL ANGLE OF 42'29'55' ; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE, A DISTANCE OF 25.21 FEET TO THE POINT OF
BEGINNING.
•
Jul' 10- 801 03:14pa 0 1--2'92503
ORB i ; 71& Pg 1301
1111111111111,41110 1111111111111111 11 0 1111 111
Prepared By and Return To.
JAMES B. JACOBY,P.A.
4300 Catanmo Way
Palm Beach Gardens,FL 33410 j
AMENDMENT TO PLAT OF HARBOUR ISLES
THI��END ENT TO PLAT OF HARBOUR ISLES.;("Amendment"") is made this
7 dxy,fir j�^ , 2001,by DANIEL S. CATALFUMO, as Trustee under Florida
Statute '9.0 Mfr "Catalfumv"), whose address is 4300 Catalfuno;Way, Palm Beach Gardens,
Florida 334Q!,,,Zvs�,,Igne,MARK S.SCI ER.ER and MARCELLA M.SCHERER,his wife,whose address
is 202 S Ju iter, FL 33477 (collectively "Scherer") and is
joined in by 1 PILLAGE OF NORTH PALL BEACH, a Florida municipal corporation,
("Village") whooe�iddress is ._ 501 U.S. Highway 1, Forth Palm Beach; Fl, 33408
West Palm Beach, FL 334 d REPUBLIC SECURITY BANK, whose address is 450 S. Australian Ave. , 2nd 1±
(",Rblic").
RECITALS:
I
A, Catalfumo i Ac' owner of that certain real property described ss Lot 77 of Harbour
Isles ("Lot 77"")pursuant tai t%ie flat of Harbor Isles recorded in Platj Book 86,Pages 111 through
121 Public Records of Palm ieac , unty, Florida (the ".Plat").
B. Scherer is the owner of that certain real property described as LO 78 of Harbour Isles
pursuant to the Plat("Lot 78").
C. The Village is requires tl ' i ,homes to be constructed upon various lots contained
within Harbour Isles, be set back at leaf 1, I`eet from the side lot lines of the lot upon which the
home is to be constructed. P 1
D. In order to comply with the VzMa o,�s. quirements,Caialfumo and Scherer desire to
amend portions of the Plat by changing the coz a orii 6bndary line between Lot 77 and Lot 78, as
more fully depicted on the Site Plan attached tq "' �it—"P+' incorpt�ratcd herein by this
reference. In effect,this amendment would remoi `a pc iort of the property from Lot 78 and add
that portion to the westerly boundary of Lot 77 as sit n.otx the Site Plan, T1, portion of property a
being removed from Lot 78 and appended to Lot 77 is*,, iti fter referred to as the("Additional Set
Pack Property").6§
E. There is no mortgage currently encumberiA`j tot 77 and Reptib is is holder of the
mortgage on Lot 78.
NOW, THEREFORE, Catalfumo, Scherer, the Village, *nd l 4public in consideration of
the premises,covenants and provisions herein contained,hereby ag' t'-d'e.1h"4.the Plat shall be amended
in the following manner stated below: } }
1. The above recitals are true and correct and are incorp "ttes in by this reference.
I
ORB I j ?? 1 G Pg 9�2M�
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 heretoland incorporated herein by this
reference.
I The legal description of Lot 78, as contained) within' the Plat, is hereby
amended and replaced in its entirety with that certain legal description setforth 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 hencefqo-��nsidered as one lot or parcel of land and shall not be sold,assigned, transferred,
convey44-br dei C$eed separately, except in its entirety as one lot or parcel of land.
5. ` r"`24akfumo, Scherer,the Village,and Republic by executing the=s Amendment hereby
signify their opt e t to all matters setforth herein,including the relocation of the boundary lines and
revisions to th' ,° ,°xiescriptions of Lot 77 and Lot 78.
M4"+rn.n
6. The yiI eeacknowledges that the relocation of the b�undary Imes and the removal
of the Additionalt
Property from Lot 78 and its p rt}' inclusion Lot 77 does not violate anv
municipal ordinances;:tVles or other requirements. The Village further acknowledges that it is not
requiring that Catalfurno at '' cherer replat the affected lots in order to accorr="plish the matters set
forth herein, that any suc'ls rement for replatting is deemed waived, and that this Amendment.
upon the recording ofsa.me,T'F';Fre ublic Records of Palm Beach County, Florida,shall be effective
in amending the Plat. °
IN WITNESS WHERE�3 ,th parties have executed this dment. s of the date setforth
above. `
WITNESSES: r r�
I7A lEL S. A :T �iC7, as Trustee
�. ;under Florr a Statute X689.071
zz
!,
a ,
HERF':R
■ , ,„,,per-a'
s
�I
/J
MARC ELL��,,. f�,.°�C14ERER
y't
L"
i ..
I
ORB. 1,R7 I G Fig 1903
i
THE 'VILLAGE OF ORTH PALM
BEACH
BY:
Marne: 'David Norris
Title: Mayor
_. ..
�w
REPUBLIC SECURITY BAND
: -° BY.
N e:
j : .. Titl _ e ` !✓', ',
'>
STATE OF FLORIDA
)SS
COUNTY OF PALM BEACK
The foregoing instrumerit'Was acknowledged before me this day of ?001,
by DANIEL S. CATALFUMO,as *, de under Florida Statute §689.071, who is personally
known to me or produced "' as identification.
KM UM M RoerNs m+ Notary Public
(SEAL) NOIarpPutft•State nrRodda Print Name: �( e?
W Cioenrnt� W�AM'tg.:l�l
CO+rrMIWMItCC92M4 C ` `;My Commission'Expires:,
STATE OF FLORIDA ) `
COUNTY OF PALM BEACH
,
The foregoing instrument was acknowledged befo"e'tr a it, ?-qday of U/ne, , ?001,
by MART{ S. SCHERER., who is personally e or ; produced
as identification.
LoFs hR Kesiee Yre Notary l4.,:::r-
(SEAL ' x 'My CommissionCC97647 Print Name im N, '
Y hj ExOres t)eoernber V 2004
My Commission:
i
ORB 1 i27 I G Pig 904
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this
ay of
2001, by MARCELLA M. SCHERER, who is personally known tea me or produced„,
as identification.
" ± Lois M Kasischke
Notary Public '
• My Commission CC S7647
7
(SEAL)
Print Name:
p�r December 27 2404
My Commission Expires:
"gym
STATE OF FL DAB
)SS
COUNTY OF PAS � )
� CH
The foregoing inst, `° t was acknowledged before me this ,, of
2001, by .A .5 , the 1 VOA and on behalf
I "`
of Tl-IE PILLAGE OF No
O PAL BEACH who is 41.- personallly' known to me or
produced as identification,
ff , i otary Public !
� a(SEAL)` � �Qif�i f�. �:,ff�� Print Name:,r�' .r°�v
My Commission :spire .,,,. —,,?,e `—e/ /
i
STATE OF FLORIDA
) S �
COUNTY OF PALM BEACH )
The foregoi g instrument was acknowled�d bme this ��da;r of`� , 2001,
by c ~'� ,, R-Z, and on behalf of
REPUBLIC SECURITY BAND. who is own to nee or produced
as identification.
tart' Puri"
(SEAL) CE A LEW* Pr t
My Lamm Exp. I V8/2001
07 . Bonded By service Ins M Commistba`l Expire
s:
No.CC691880
Q rm N ruwr�r C t fts,I'a
I
_ 4 _
I
ORB :L*271 & Pg S05
� w S
EXHIBIT A
�* w
CCYYO�F�yynn♦ wyy tt r42'w0N
av]A V4i +:1 aa+R.'Qr�Q
' L
co
cr-
p
z ZW
' s + 0:2
to
Aa,40.90«4Z
=uj
'.'. 44} '...✓"r m""W to 4d4 ,�1« LL,
r C
yy yy YY ��((/I��.�y� yyty�y{�!ww +yµy'� IyIi1,11/� pwp
CDT t4 Au 9 00.4 DS 6i•Y ♦M[ 'iYl 'Z«W
'�ryM s ��1111111111111111������//
p cc
uj
M CC
Z
�e soy rs Y».O JOS
c actr
tl �
I �
ORB X c 71 G Pg '3�2MEr
EXHIBIT B
LOT 77, AS SHOWN ON THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT
BOOK 86, PAGES I I I THROUGH 121, PUBLIC RECORDS OF, PALM BEACH
COUNTY, FLORIDA,
TQ ,�ZJB%,A WITH THAT PORTION OF LOT 78, BEING MORE PARTICULARLY
DE S. FOLLOWS:
BEG ' THE NORTHEAST CORNER OF SAID LOT 78; THENCE SOUTH
0200610-)VEST T ALONG THE EAST LINE OF SAID LOT, A DISTANCE OF 20.00
FEET; T4Na CONTINUE ALONG SAID EASTERLY LOT LINE SOUTH
57 06'39" t�T, A I JSTANCE OF 34.88 FEET TO A POINT OF CURVATURE OF
A NON-TANt CURVE CONCAVE TO THE SOUTHEAST, HAVING A
RADIUS OF 241.2584
T, A RADIAL BEARING OF SOUTH 86°,51'51" EAST AND A
CENTRAL ANGLEbl` 60°58"32"; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE, A T�JSTANCE OF 25.84 FEET TO A POINT OF REVERSE
CURVATURE OF CCRVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 33,99 FEE, ,, ,R ADIAL BEARING OF NORTH;27"05"19" WEST, AND
A CENTRAL ANGLE 'S5"'; THENCE NORTHEASTERLY'" ALONG THE
ARC OF SAID CURV1 " � -' JITANCE OF 25.21 FEET! TO THE POINT OF
BEGINNING.
x
I
3
j
✓ op
ORB 1.chi" 1 G Pq 907
DOROTHY H. iJILKEN, CLERK PH COUNTY, FL
EXHIBIT C
I
LOT 78, AS SHOWN ON THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT
BOOK. 86, PAGES III THROUGH 121, PUBLIC RECORDS OF PALM BEACH
COUNTY,FLORIDA,
LESS 4,�j;'EXC'EPT THAT PORTION OF LOT 78, BEING MORE PARTICULARLY
DE? kiIB "�AS FOLLOWS:
BEG] T THE NORTHEAST CORNER OF SAID LOT 78, THENCE SOUTH
02°06'10``' ALONG THE EAST L OF SAID LOT, A DISTANCE OF 20.00
FEET; TIENdE CONTINUE ALONG SAID EASTERLY LOT LINE SOUTH
57°06'39" + ST, A D J TANCE OF 34.88 FEET TO A POINT OF CURVATURE OF
A NONJANGE T CURVE CONCAVE TO THE SOUTHEAST, HAVING A
RADIUS OF 2*ry2t,8j �T, A RADIAL BEARING OF SOUTH,86',5 1'5l'" EAST AND A
CENTRAL ANGI- "bl' 60 058'32"; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE,, ,A,-`„4ISTANCE OF 25.84 FEET TO Al POINT. OF REVERSE
°
CURVATURE OF C RVE CONCAVE TO THE NORTHWEST, HAVING A
RADIUS OF 33.99 F .. , A RADIAL BEARING OF NORTH 27°"35'I,9" WEST, AND
A CENTRAL ANGLE,,, F 42 2955”, THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURV1;r DISTANCE OF 25.21 FEET TO THE POINT OF
BEGGING.
.
kw✓ �""e
y "
` I
1 �"rwy
i
j