Land Development and Planning Project Files_4217 S. Ocean Blvd._20130507_Application No. 029719 Transmit To: Valerie Oakes, Deputy Town Clerk Date: April 22, 2013
Application No: #29719 Applicant/Owner: The Murphy Construction Co. / Robert C. Patek
Property Address: 4217 South Ocean Boulevard, Highland Beach, FL 33487
Submit Application: Town of Highland Beach Commission
Application Type: Construction of bulkhead cap on sheet piling
Description of Application:
The applicant has submitted plans and specifications for the construction of a bulkhead cap on
existing sheet piling at 4217 South Ocean Boulevard, Highland Beach, Florida.
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED April 22, 2013, AND HEREBY
CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
❑ Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other
governmental agencies.
❑ Plans do not meet Town of Highland Beach Zoning requirements.
Recommendation:
The Building Department and the consulting engineer for the Town have reviewed and approved the
submitted plans and specifications for the construction of a bulkhead cap on existing sheet piling at
4217 South Ocean Boulevard, Highland Beach, Florida. Highland Beach Ordinance Sec. 6-128(a)
requires approval by the Town Commission for seawalls/bulkheads, in addition to approvals by all
federal, state, and county agencies (see action above). If the Town Commission approves the
proposed work, the Building Department will then proceed in issuing the required building permit.
PLE E TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
SC U N , TRANSMIT TO QUASI-JUDICIAL BOARD, ETC.
MichAl Des rcy, ui i Official
.................................................. ................... ...........................................................................................................................................................................................................................................................................
CLERK'S OFFICE USE ONLY: Date Received:
I
Date of Hearing/Regular Meeting: ALF, 'w—T
Transmit To: Valerie Oakes, Deputy Town Clerk Date: April 22, 2013
Application No: #29719 Applicant /Owner: The Murphy Construction Co. / Robert C. Patek
Property Address: 4217 South Ocean Boulevard, Highland Beach, FL 33487
Submit Application: Town of Highland Beach Commission
Application Type: Construction of bulkhead cap on sheet piling
t a
Description of Application:
The applicant has submitted plans and specifications for the construction of a bulkhead cap on
existing sheet piling at 4217 South Ocean Boulevard, Highland Beach, Florida.
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED April 22, 2013, AND HEREBY
CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
1 Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
1 Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other
governmental agencies.
1 Plans do not meet Town of Highland Beach Zoning requirements.
Recommendation:
The Building Department and the consulting engineer for the Town have reviewed and approved the
submitted plans and specifications for the construction of a bulkhead cap on existing sheet piling at
4217 South Ocean Boulevard, Highland Beach, Florida. Highland Beach Ordinance Sec. 6- 128(a)
requires approval by the Town Commission for seawalls /bulkheads, in addition to approvals by all
federal, state, and county agencies (see action above). If the Town Commission approves the
proposed work, the Building Department will then proceed in issuing the required building permit.
PL. a SE TAKE WH as EVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
SI� D o . s : 4` TRANSMIT TO QUASI- JUDICIAL BOARD, ETC.
III /
Michael Desor Bui ding Official
CLERK'S OFFICE USE ONLY: Date Received:
Date of Hearing /Regular Meeting:
FILE
P - RMIT CM(�, GLC�C �MD
PERMIT NUMBER:
0 2 9 7 1 9 5 _� El�A T3 AFF IC TION
tA
Town of Hig land B
HIGHLAND BEACH
3614 S. Ocean Bouleva uNA t I IVI i ding Electrical E p tubing
Highland Beach,FL 33487
561 278-4540 Fax 561 278-2606 Parcel# Zone: Block:006 Lot:0070
Property Information:
SUBDIVISION: PCI 24 43 1 TWP 47 SEC 04
ADDRESS: 4217 S.Ocean Blvd.,Highland Beach,FL 33487 UNIT# SUB 00 BLK 006 1LOT 0070
Owner Information/Fee Simple Title Holder:
NAME:Robert C.Patek
ADDRESS:4217 S.Ocean Blvd. TELEPHONE`(561)271-5137
CITY,STATE ZIP:Highland Beach,FL 33487 FAX.
Contractor Information License or Competency#: CGC000624
NAME: The Murphy Construction Co.
ADDRESS: 1615 Clare Avenue TELEPHONE:(561)655-3634
CITY STATE ZIP: FAX: 655-3674
West Palm Beach,FL 33401 (561)
Design Professional Information License or Competency#:71588
NAME:Timothy Deland
TELEPHONE:
ADDRESS: 561 686-3660
1402 Royal Palm Beach Blvd.,Building 200 ( )
CITY STATE ZIP: FAX. 791-1995
Royal Palm Beach,FL 33411 (561)
Bonding Company:n/a
Mortgage Lender Information:Wells Fargo Bank
My bract is with: Indicate all Sub Trades you are proyjdWg and/or empM Qg:
The Owner: = NONE = Electrical u Mechanical u Plumbing =Spec Elec
m Contractor = Roofing = Paving = Irrigation =Fire Sprink =Other
Note:ALL Sub Trades MUST file their own Permit Application in addition to being listed here.
Type of Construction:Install cap Fire S rinklered: T Use:
AAAA0
Scope of Work: Install concrete bulkhead cap.
Value of Construction:$ 32,831.93 Permit Fee:$
BLDG DEPT APPROVAL BY: DATE APPROV . Q j
Application is hereby made to obtain a e it to t w and Installations as indicated. I certify that no wor s ation h
commenced prior to issuance of a permit and that all wo !1 be performed to meet the standards of all laws regulating cons In
this jurisdiction. I understand that a separate permit must be cured for ELECTRICAL WORK,PLUMBING, SIGNS,WELLS,POOLS,
FURNACES,BOILERS,HEATERS,TANKS AND AIR CONDITIONERS,etc.
OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance
with all applicable laws regulating construction and zoning.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN A FORE RECORDING
YOUR NOTICE OF COMMENCEMENT.
STATE OF FL DA Owner/Agent Signature:
COUNTY OF L, 1J 't4 l � U�
Sworn to(or affirmed)and subscribed before me this ! day of �� ,20 3 By.
(Frio or type a ats name)
Personally known OR Prod ature
Type of identification produced: ' ELIZABETH SCOTT
MY COMMISSION#EE968371 3 ��
EXPIRES:March 3ti yaDm ission Expires:
Permit Application—Revised 04/10 Page 1 of 2 www.ci.highland-beach.fl.us
Sec. 6-128. -Approval required for bulkheads, seawalls, retaining walls; required
notification of abutting property owners.
(a) No bulkhead, seawall or retaining wall shall be erected or constructed in any water, canal or
lake, or on land abutting thereon, within the limits of the town, unless plans and specifications
have been submitted to and approved by all federal, state and county agencies with
jurisdiction over such construction activities, the town commission and the town consulting
engineer, with a copy of such plans and specifications being filed with the town. All property
owners abutting the proposed wall within one thousand (1,000) feet on the ocean or on the
waterway shall be notified by the town at the applicant's expense. Motorized equipment used to
install any of the above walls must stay in the littoral zone or obtain written consent of the
owners of each private property whose property will be traversed, which consents must be
submitted to the town manager prior to the commencement of such work.
(b) All seawalls west of State Road Al shall be in excess of plus six(+6.00) feet elevation above
mean sea level. All seawalls on the Intracoastal Waterway and the Atlantic Ocean shall, at the
discretion of the town engineer, have rip rap at the base to dissipate the wave energy and to
1
protect the berm.
Sec. 6-129. - Inspection.
(a) All construction under this article shall be performed in accordance with the Florida Building
Code. The work shall be inspected by the building department of the town and shall be
performed so as to meet building department acceptance and approval.
(b) All material to be incorporated in the work, all labor performed and all appliances shall be
subject to the inspection and approval or rejection of the building department. All construction
shall be inspected by the building department, unless otherwise directed. The contractor shall
in no way be relieved of responsibility for the work or use of inferior material and construction
methods.
E:
IIIN�I�II�NI�NM�NiNNIN�Nhl��lll�
- IT
CFM 20130014948
§J 9 7 1 9 OR BK 25709 PG 0310
RECORDED 01/10/2013 13%53:38
peft Nuft Palm Beech County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
_ C N Pg 03101 (ipg)1
The undersigned hereby gives notice Ihst improvement wig be made to certain real property,and in accordance with C7,apter 713,
Florida StAhnts,the following information is provided in this Notice of Commenctment.
I. DESCRIPTION OF PROPERTY(Lepi descriptim Of"P00 My A SUM 6&rens,if naitable)TAX FOLIO KIM 0010-u070
SVMVISM. 00 atoc*: 006 TRACE LOT 0070r1.1XI UN*r
4217 S. Ocean Blvd., Highland Beach FL 33487 4-47-43,__S loot of N 7551 of GOV LT
:6c�iE�€RIlm�o��lVU&4'ITY LOT NO 32
<*VWL1Rt/et1e.J orC A?Awwa _
3. OWNFR INFOR.WATIOX OR LESSEC IXFOMIATION IF THE LESSEE CONTRACT ER FOR TRC IMPROYE.NENTs
t:,A»„a.akel.:�il�tl><TT_�O�IYX KZ17 s oeeAA:Savo N-%6/ELrincci�Ae_!T%�7� sTv�'7
6 Mww in+rcpt),. 090AZ
aKA"Ad.dk*.Iofkeriept.tAldnldrrNtdR«m hao0aner 4s!W aM�rY n D
•.a C'ONTRACroR'BNAMCI THE MURPHY CONSTRUCTION CO.
� •� 1615 Clare Ave., 14PB, FL 33401
►.Pt,ons.ri,�.c S(�l
3.aVRm(r,p hea0.t.,aeopr afr,rFrywenl lad is a"W" APR 3 — 2013
a teen.and&dery_�/
ef�.-kw. a A,na.eortad s HIGHLAND BEACH
a.a LENDER`SNAME, 4/AW4 PA4do BUILDING DEPARTMENT
Lm1rr'.adkeu:U61 IV Fitt. A.LNwR BStBs� to-fa4tY�.es.-e.Pem...,i�r._SL S Via"-.6d-YL
7. Persons wi"the State of Florida designated by Owmr upon whom notices or other documents may be smtd as provided by
Section 713.13(1)(a)7.,Flotida Statutes.
a NM*NW atSw.
b Poo*ow 60 erderiywet Paso,:
s.a In addition to himself or herself,Owmr 400"s of
to receive a copy of the Lienor's Notice a provided in Section 713.13(1)ft Flod&s*atMea
a.Fhw m-im of romer w+uq+C64ftew b O.nr:
9. EViration deck otrtotics of comnencemm(dn expiration dant may ecce be before the conviction efconormsion and A"
payment to the cotaraclor,but will be i year Ilan NIe deck of tecording Rides a difhant deck is vwifitdk ?0
WARNt1.T1700110M,ANY PAYSIENTSMADE RYTIMGWN R AFTERTIM PIRATM OFTIMMM"CrCMEAEMMIENT
ARE CONSHIFIED JAWROPFR PAYILIcM UNDEN CHAPIFER713 PARTI PARTet^M 711 17 t10RRIA STAT 17711 ANS AN
RFIY111 n AE/D P[1SrEOON TIM JON SITE BEFORE THE FUMT L>n M 71 '^TOOtEr' w tm:.A*t i�"1 CO.\'e R T
WIr1I YOUR LENr7Fll OR AN ATTORNEY nEFraRF CO\D.cur•INC1 M61=OR R Cr_ADINO YOUR MTWN OF COhMENCESUM,
Unlet Peery of pedury,i amore dmt 1 h»s+tad die kmgobv nolics oreow nemenwod and*hat dw faeb staled NRvein are MUa lo
Nee best of aswkdge and
T�
�k&r ft6/LC
(Signa of Ow71er ar Lesue,x OstRtr's K t esue's %hIM Nave aad Provide S%gaalory's TINeRMe)
ARlherbted OmetrMireekdPartatrAhasget)
StaleM ��i��•Ka+-
County of
The foregoing inuwlpM r ckawAk4 t before me this 3 day of rai _30 f 3
bG ')'C1 ill r J w '�D�"L'ih�r V P,
for ("Of ettlhority,..,e.g officer.tustee,worney in fact)
(name*(parry on bc1Wfof w ent was eseccuuted)
Ptrs=*Knowe_or hoduetd l&-Wfkmion ✓ Type of WeMiRcation haduced.
r Nobry •Bblk f�f Flo(Itki (Signature sf ury Pabst)
R„ My cind"M&MM SW A 2018(Frio,Type,or Stamp Commissioned Name of Notary Public)
,..- .,.,..,.. .,.... T�%O!1'M�11bA �., .'ATC (t{ ELl!�t!t�r pr�l� F:E.ACI; r;n:utiT+
\ 1..z r1t•/ih:+l ttn:
r FILEF
+.• . _. .Sr �..tA.. .t ... N'3.Y`ia''low
i7r. tlTYli.E .v
' CFN 20140226377
OR BK 26863 PG 1893
RECORDED 06/19/2014 08:43:29
Prepared by and return to: Pal® Beach County, Florida
John M.cappeller,Jr.,Esq. Sharon R. Bock,CLERK & COMPTROLLER
Cappoler Law Pgs 1893 - 1899; (7pga)
3 ino Gardens Blvd.
Sue
Bo �,Florida 33432
.JUN 2 3 2014
Will Ca `# �
r.,Ny
EASEMENT
THIS EAft M- NT (the "Easement") made as of the day of May, 2014, by
JOHN DOWD and T4NA DOWD with respect to Parcel 1 herein, ("Grantor") granted to and in
:,
favor of ROBERT C. P with respect to Parcel 2 herein("Grantee").
rill�
WITNESSETH:
440g
This Easement is based upon the recitals:
A. Grantor is the owner and holder o4_14, le to the following described property:
All that part of the South 100;�*the North 3750 feet of Section 4,(measured at
riht an les to the North line t , r
g g in Township 47 South, Range 43 East, lying
East of State Road A-1-A (formerly State Road No. 140), lying in the Town of
Highland Beach,Palm Beach County,Florida(the"Grantor's Parcel V)and
Grantee is the owner and holder in fee title to the following described property:
The South 100.00 feet of the North 3650.00 feet of Section 4, Township 47 South,
Range 43 East,Palm Beach County, Florida,lying East of the East right-of-way line
of State Road A-1-A, lying in the Town of Highland Beach, Palm Beach County,
Florida(the"Grantee's Parcel 2").
B. Improvements associated with the Grantee's Parcel 2 encroach onto Grantor's parcel 1 as set
forth on the survey prepared Avirom & Associates, Inc. dated April 9, 2014 under Job No.
9180-1 attached hereto as Exhibit"A."
Book26863/Page1893 Page 1 of 7
C. Grantor has agreed to grant to Grantee an exclusive, perpetual easement and right of use for
all of the property North of the South face of the masonry wall and North of the South face of
the retaining wall (seawall) running along the north side of Parcel 1 the "Easement Area"as
s on the Specific Purpose Sketch attached as Exhibit `B" and subject, however, to the
s ions and limitations set forth herein.
' —
N ,o THEREFORE, in consideration of the mutual covenants contained herein and other
good ai{:Valuable consideration exchanged between the parties, the receipt and adequacy
whereof aW*- ieby acknowledged,the parties agree as follows:
^V'J
1. RECIT REATION AND DURATION OF EASEMENT
A. The fore"' citals are true and correct and form a part hereof.
B. Grantor doess(�eby grant unto Grantee, for the use and benefit of Grantee, his heirs,
nd�or s
successors au igns,an exclusive, perpetual easement for use of the Easement Area,
allowing only 6r-the existence and use of the stairs and masonry walls running
perpendicular fror LP reel 2 into Parcel 1 and the masonry wall running along the North
side of Parcel 1; ing wall (seawall) returning from Parcel 2 and running East to
West onto the north v ' of Parcel 1; and the paver brick driveway encroaching on to
Parcel 1,all as set fort n; hibit`B"herein the"Permitted Encroachments and Uses."
C. It is the intent of the p �r at the Easement Area may not be relocated, moved,
modified or otherwise alter any way and that the Permitted Encroachments and Uses
shall be limited to those set fo �paragraph I (B)above.
D. The use of the Easement Area rantee, its tenants, agents, employees, invitees,
successors and assigns shall be for j .�rmitted Encroachments and Uses only and shall
be in compliance with and in accordance with all applicable laws,codes, ordinances and
regulations.
2. GENERAL PROVISIONS
A. The parties agree that this Easement shall be recorded among the Public Records of Palm
Beach County, Florida.
B. This Easement shall run with the land and is binding upon, and inure to the benefit of
Grantee,his heirs,successors and assigns as the case may be.
C. This Easement shall not be terminated,altered, limited,changed,modified or amended in
any manner, unless in writing signed by all of the parties hereto, their heirs, successors
and assigns.
2 M-I N 23 2014
Book26863/Page1894 Page 2 of 7
D. Grantee, his heirs, successors and assigns, shall be responsible for the maintenance and
repair of the Easement Area, including but not limited to the items identified herein as the
Permitted Encroachments and Uses,and all landscaping and irrigation associated with the
ement Area. For purposes hereof, the term maintenance shall mean that the Easement
and Permitted Encroachments and Uses shall be properly kept at all times in good
% clition and state of repair as set forth herein and in accordance with all applicable
,codes,ordinances and regulations.
�1
E. Ghereby releases and agrees to indemnify, defend and save harmless Grantor and
Gs heirs, successors and assigns, from and against any and all claims, demands,
loss, uses of action of any kind or nature for injury or damage suffered by Grantee
or any persons or entities, in connection with the use of the Easement Area by
Grantee, ants, agents, employees, invitees, successors and assigns. The foregoing
indemnity steal include all costs and expenses incurred by Grantor in defending a claim,
demand orof action, or incurred in enforcing this indemnity, including without
limitation, anyeFrteys' fees and costs through the appellate process and bankruptcy
court, if any.
F. None of the terns V isions of this Easement shall be deemed to create a transfer or
conveyance of the t Area. Each party shall be considered a separate owner of
their respective parcelsC'guet to the terns hereof.
G. Nothing herein contain deemed to be a gift or dedication of any parcel or
portion thereof to the geneublic,or for any public use or purpose whatsoever. Except
as herein specifically provide ,t right, privileges or interest or claim shall inure to the
benefit of any party, person o LL-entity, nor shall any third party, person or entity be
deemed a beneficiary of any of Movisions contained herein. This Easement shall not
be terminated or amended withotwritten consent by the Grantor.
H. Grantee hereby executes this Easement to confirm its agreement to perform each of the
obligations of Grantee contained herein.
I. Any notice provided for or concerning this Easement shall be in writing and be deemed
sufficiently given when sent by certified mail, return receipt requested or by hand
delivery or by a recognized overnight carrier.
EXECUTION PAGES TO FOLLOW
J-UN 23 2014
3
Book26863/Page1895 Page 3 of 7
IN WITNESS WHEEOF,the parties have set their hands and seals as of the day and year first
above written.
4Si ,sealed and delivered GRANTOR:
sence of
4�
l/ JOHN DOWD
Signa�uVc
ess 1
�r: � &crCr�4
Print blame iu*M 1
Sig lure of Wit TIN
Q
Print Name of Witness"V"�,
� L
7
STATE OF /1---s y/✓a.0 r ap
COUNTY OF ,,
Lu2crNG r(r-�
ems.
The forgoing insttumenJ acknowledged before me this 5"1' day of May, 2014, by
JOHN DOWD and TINA DOW o are ( j personalty known to me or [)t] who produced
Pa AL's as identif, 77
Notary Publ
My Commission Expires:
MAN
NOTMAL S Larwii 201
ato uVACCAN,R JUN 2 3
Pdlk-
1MLKE6 sARRE 1�WR.,LIMME COUVy
My COMMieaIOR Expires Mu 23,2017
4
Book26863/Page 1896 Page 4 of 7
IN W TNESS WHEEOF, the parties have set their hands and seals as of the day and year first
abov 'tten.
��-'
Sign . aled and delivered GRANTEE:
In the�ir, ce of
ROBERT C. PATEK
Signature o ess
Print Na o 1
Signature of Witness
v�
P4,M�� J LJ N1 23 2014
Print Name of Witness 2
STATE OF
COUNTY OF
The forgoing instrument was Ebowledged before me this c) day of May, 2014, by
ROBERT C. PATEK, who arebersonally known to me or [ ] who produced
as identificationc )
Notary Public
My Commission Expires:
RENEE wLSON
:. MY COMMISSION t FF 042823
rr EXPIRES:September 9,2017
�R h' Thou NMY POW uneefwbm
5
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5104•�, ��®s
TOWN OF HIGHLAND BEACH
TOWN COMMISSION
NOTICE OF PUBLIC HEARING
The Town Commission of the Town of Highland Beach will conduct a Public Hearing in the Town
Commission Chambers located at 3614 S. Ocean Blvd., Highland Beach, FL 33487 on Tuesday,
May 7,2013 at 1:45 p.m.to consider the following:
CONSIDERATION OF APPROVAL FOR THE INSTALLATION OF A
CONCRETE BULKHEAD CAP AT THE PROPERTIES LOCATED AT:
4217 S. OCEAN BLVD., HIGHLAND BEACH
4221 S. OCEAN BLVD., HIGHLAND BEACH
4301 S. OCEAN BLVD., HIGHLAND BEACH
Application is available for public inspection at the Town Clerk's Office, 3614 S. Ocean Blvd.,
Highland Beach, Florida during normal business hours—Monday—Friday from 8:30 AM to 4:30
PM.
Any person who decides to appeal the decision made by the Town Commission at this meeting with
respect to any matter considered,you will need a record of the proceedings and,for such purposes,
you may need to ensure that a verbatim record of the proceedings is made,which record includes the
testimony and evidence upon which the appeal is based.
Beverly Brown, MMC
Town Clerk
Written notice to be provided by certified mail,return receipt requested on Friday,April 19,2013 to all property
owners abutting the proposed wall within one thousand(1,000)feet on the ocean or on the waterway shall be
notified by the Town per Highland Beach Code of Ordinances Section 6-128(a).
I
Town f Highland Beach Bernard Featherman
Vice Mayor:
Ron Brown
® Commissioners:
3614 SOUTH OCEAN BOULEVARD • HIGHLAND BEACH, FLORIDA 33487 Doris M.Trmley
Dennis J.Sheridan
Louis P.Stern
561-278-4548 Town Manager:
Palm Beach County,Florida FAX 561-265-3582 Kathleen D.Weiser
May 7, 2013
Attn: Michael DeSorcy
Building Official
From: Beverly M. Brown -/X4/
Town Clerk
Ref: Application—4217 South Ocean Boulevard
Property Owner—Robert Patek
p
Application—Bulkhead cap on existing sheet piling
In accordance with Section 6-127 9 (c) and Section 6-128(a) of the Highland Beach Code, on
Tuesday, May 7, 2013 the Town Commission held a duly advertised Public Hearing.
By unanimous vote,the town Commission approved the construction of a bulkhead cap on the
existing sheet piling at 4217 South Ocean Boulevard.
Please proceed with the issuance of a permit.
IF
UU�1'
MAY 0 8 2013
HTGl-ILAND BEACH
BUILDING DEPARTMENT
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