HomeMy WebLinkAboutOrdinance_494_08/10/1995•
ORDINANCE 494
AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 398, APPENDIX B, SUBDIVISION
REGULATIONS, BY AMENI~,NG ARTICLE IV, GENERAL REQUIREMENTS AND
DESIGN STANDARDS, SECTION 1, CONFORMITY TO A COMPREHENSIVE PLAN
AND OTHER GENERAL REQUIREMENTS, PARAGRAPH (6), SUB-PARAGRAPH 1.
BY PROVIDING A REVISED LIST OF ROADWPIY-TYPE LEVEL-OF-SERVICE
STANDARDS AND, ARTICLE IV, SECTION 3, STREETS, PARAGRAPH (15) BY
PROVIDING A REVISED LIST OF STREET TYPES AND RIGHT-OF-WAY WIDTHS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
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NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Article IV, Section 1, Paragraph (6), Sub-paragraph 1., relating to roadway
Level-of-Service (LOS) Standards, is hereby amended to read as follows:
1. Traffic: (Roads and Rights-of--Way)
(LOS) (LOS)
Roadway Type Standard Peak
Collectors C D
(Except for Country Club Drive
and Seabrook Road which shall be): C C
Urban Minor Arterial C D
Urban Principal Arterial C D
Section 2. Article IV, Section 3, Paragraph (15), relating to street types and
right-of-way widths, is hereby amended to read as follows:
(15) Unless otherwise indicated or required by a major Village approved street plan,
street rights-of--way shall be as follows:
Street Tvpe
1. Urban Principal Arterial Streets
2. Urban Collectors
3. Local (Minor) Streets
4. Alleys
Right-ol=Way
Max. Width in Feet
l20
80
60
20
(a) No change
.]
(b) No change
(c) Special easements within the rights-of--way for Country Club Drive and Seabrook
Road are hereby established as follows:
• The existing 80 foot Right-of--Way for Country Club Drive and Seabrook Road shall
be regulated, operated and used as set forth in this paragraph. A maximum 50 feet of
the Right-of--Way (25 feet on either side of the center line of the existing 80 foot
Right-of--Way) shall be unrestricted Right-off-Way and shall accommodate a 2 lane,
undivided road, drainage system and uses normally accommodated in public
right-of--ways provided, however, that in areas where traffic design techniques are
used (such as expanded intersections and cul-de-sacs) up to the maximum width of the
existing Right-of--Way (i.e., 80 feet) may be used as unrestricted Right-of--Way.
Subject to expansion where traffic techniques are or shall in the future be used (as set
forth in the immediately proceeding sentence), a 15 foot strip on either side of the
unrestricted 50 foot Right-of--Way shall be used exclusively for landscaping,
treescapes, signage, irrigation systems and facilities, drainage structures including
swales, culverts and grates, driveways, parking, bikeways, pathways, sidewalks,
curbing, parking, utility systems and related structures and facilities, and for access to
and from the remainder of the Right-of--Way of Country Club Drive and Seabrook
Road, and uses necessary for the intersection of these roadways with the cross streets
at established intersections. The Village of Tequesta will cause to be recorded in the
public records of Palm Beach County, Florida, a Declaration of Restrictions which
shall restrict the use of the two 15 foot strips of restricted Right-of--Way described in
Exhibit "A" hereto.
Section 3. Severability. If any provision of this Ordinance or the application thereof
is held invalid, such invalidity shall not affect the other provisions or applications of this
Ordinance which can be given effect without the invalid provisions or applications, and to this
end, the provisions of this Ordinance are hereby declared severable.
Section 4. Codification. This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Section 5. Effective Date. This Ordinance shall take effect immediately upon its
passage and approval, as provided by law.
T[-IE
Hansen
FOREGOING ORDINANCE was offered b Council b
Council member
follows:
y mem er
who moved its adoption. The Ordinance was seconded by
chauer and upon being put to a vote, the vote was as
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FOR ADOPTION
William E. Burckart
Joseph N. Capretta
Elizabeth A. Schauer
Carl C. Hansen
AGAINST ADOPTION
C7
The Mayor thereupon declared the Ordinance duly passed and adopted this 10th
day of August 1995.
ATTEST
illage Clerk
MAYOR OF TEQUESTA
Ron T. Mackail
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EXHIBIT "A"
Two strips of land, each being 15.00 feet in width and lying in Section 25 and Section 26,
Township 40 South, Range 42 East, Village of Tequesta, Palm Beach County, Florida
being more particularly described as follows:
A 15.00 foot wide strip of land being the Westerly, Southwesterly and Southerly 15.00 feet
of Tequesta Drive Right-of-Way (now known as and hereinafter referred to as Country
Club Drive) as shown on the "PLAT OF TEQUESTA" as recorded in Plat Book 25, Page
7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide strip
beginning at its' intersection with the Easterly extension of the North Right-of-Way line of
EI Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown
on said "PLAT OF TEQUESTA" and terminating at the intersection of the North line of
said Section 26, (same line also being the line between said Palm Beach County and
Martin County) and the said Southerly Right-of-Way line of Country Club Drive.
TOGETHER WITH:
• A 15.00 foot wide strip of land being the Easterly, Northeasterly and Northerly 15.00 feet
a of said Country Club Drive Right-of-Way as shown on the said "PLAT OF TEQUESTA",
also shown on the "PLAT OF BERMUDA TERRACE, SECTION 1" as recorded in Plat
Book 25, Page 23 of the said Public Records, also shown on the "PLAT OF BERMUDA
TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Public
Records, and also shown on the plat of "COUNTRY CLUB POINT" as recorded in Plat
Book 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at
its' intersection with the Westerly extension of the North Right-of-Way line of said
Tequesta Drive (same line also being the South line of Block A as shown on said "PLAT
OF BERMUDA TERRACE, SECTION 1 ") and terminating at the intersection of the said
North line of Section 26 and the said Northerly Right-of-Way line of Country Club Drive.
The side lines of the said two 15.00 foot wide strips of land being lengthened or
shortened so as to form two continuous strips of land.
• REBOLIITION NO. 36-94/95
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING THE DECLARATION OF
RESTRICTIVE COVENANTS ATTACHED HERETO.
WHEREAS, pursuant to Ordinance No. 494, a special easement has
been established within the rights-of-way of Country Club Drive in
regard to the property described in Exhibit "A" attached hereto;
and
WHEREAS, pursuant to Ordinance No. 494, the Village Council
has authorized the recording of a Declaration of Restrictive
Covenants.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
• Section 1. The Village Council hereby approves the
Declaration of Restrictive Covenants attached hereto as Exhibit "B"
and incorporates same into this Resolution as if fully set forth
herein.
Section 2. The Village Council further authorizes the
recording of the Declaration of Restrictive Covenants pursuant to
the direction of Ordinance No. 494.
Section 3. This Resolution shall become effective
immediately upon passage.
THE FOREGOING RESOLUTION was offered by Councilmember
Hansen
who moved its adoption.
was seconded by Councilmember Burckart
The Resolution
being put to a vote, the vote was as follows:
and upon
•
• FOR ADOPTION AGAINST ADOPTION
William E. Burckart
Joseph N. Capretta
Ron T. Mackail
Carl C. Hansen
Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly passed and
adopted this 28th day of September 1995.
MAYOR OF TEQUESTA
~~ v ~.0
Ron T. Mackail
ATTEST:
• V lage Clerk
JCR\13153-01\RESOLUTI.CCD
• 2
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EXHIBIT "A"
Two strips of land, each being 15.00 feet in width and lying in Section 25 and Section 26,
Township 40 South, Range 42 East, Village of Tequesta, Palm Beach County, Florida
being more particularly described as follows:
A 15.00 foot wide strip of land being the Westerly, Southwesterly and Southerly 15.00 feet
of Tequesta Drive Right-of-Way (now known as and hereinafter referred to as Country
Club Drive) as shown on the "PLAT OF TEQUESTA" as recorded in Plat Book 25, Page
7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide strip
beginning at its' intersection with the Easterly extension of the North Right-of-Way line of
EI Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown
on said "PLAT OF TEQUESTA" and terminating at the intersection of the North line of
said Section 26, (same line also being the line between said Palm Beach County and
Martin County) and the said Southerly Right-of-Way line of Country Club Drive.
TOGETHER WITH:
A 15.00 foot wide strip of land being the Easterly, Northeasterly and Norther) 15.00 feet
of said Country Club Drive Right-of-Way as shown on the said "PLAT OF TEQUESTA",
also shown on the "PLAT OF BERMUDA TERRACE, SECTION 1" as recorded in Plat
Book 25, Page 23 of the said Public Records, also shown on the "PLAT OF BERMUDA
TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Public
Records, and also shown on the plat of "COUNTRY CLUB POINT" as recorded in Plat
Book 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at
its' intersection with the Westerly extension of the North Right-of-Way line of said
Tequesta Drive (same line also being the South line of Block A as shown on said "PLAT
OF BERMUDA TERRACE, SECTION 1 ") and terminating at the intersection of the said
North line of Section 26 and the said Northerly Right-of-Way line of Country Club Drive.
The side lines of the said two 15.00 foot wide strips of land being lengthened or
shortened so as to form two continuous strips of land.
•
PREPARE BY/RECORD AND RETURN TO:
• PETER S. HOLTON, ESQUIRE
Jones, Foster, Johnston & Stubbs, P.A.
Post Office Bo 3475
West Palm Bea ,Florida 33402-3475
WILL CALL #85 ~~ 1 ---'-~'-i= :::;ti's '~~'_'.~..~~~-~~
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS is executed this
4th, day of October, 1995, by the Village of Tequesta, a municipal
corporation (the "Village of Tequesta").
A. The Village of Tequesta is a municipal corporation formed
under the laws of the State of Florida.
B. Country Club Drive is a road dedicated to the use of the
public all or portions of which are located within the limits of
the Village of Tequesta and over which the Village of Tequesta has
jurisdiction.
C. Village of Tequesta recently amended it Comprehensive
Land Use Plan in order to reduce the level of service on Country
Club Drive within the Village of Tequesta so as to provide for an
• acceptable level of traffic in the residential neighborhoods
contiguous to said roadway.
D. In the exercise of its police power and in order to
properly regulate and control the use of those portions of the
Right-of-Way of Country Club Drive located within the limits of the
Village of Tequesta and described on Exhibit "A" hereto (the
portions of the Right-of-Way of Country Club Drive described on
Exhibit "A" hereto are hereinafter collectively called the
"Restricted Right-of-Way"), the Village of Tequesta adopted
Ordinance No. 494 (the "Ordinance").
E. The Ordinance restricted the use of the Restricted Right-
of-Way to certain uses specified in the Ordinance and directed the
Village of Tequesta to cause to be recorded in the public records
of Palm Beach County, Florida, this Declaration of Restrictive
Covenants.
NOW THEREFORE, the Village of Tequesta hereby imposes the
following covenants on the Restricted Right-of-Way.
l'1C1-}tB~T '~1~~~
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1. Except as set forth in paragraph 2. hereof, the
• Restricted Right-of-Way shall hereinafter be used exclusively for
the installation, repair, maintenance and replacement of
landscaping, treescapes, signage, irrigation systems and
facilities, drainage structures including swales, culverts and
grates, driveways, bikeways, pathways, sidewalks, curbing, parking,
utility systems and structures and facilities related to any of the
foregoing, and for access to and from the remainder of the_Right-
of-Way of Country Club Drive, and for all other uses and purposes
incident to, or necessary for the full enjoyment of the uses
previously listed.
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2. Notwithstanding the restrictions placed on the use
of the Restricted Right-of-Way under paragraph 1. hereof, where
traffic design techniques are currently used and the resulting
traffic structures effect portions of the Restricted Right-of-Way
(such as expanded intersections and cul-de-sacs), or where traffic
design techniques (other than techniques to construct roadway lanes
in the Restricted Right-of-Way which are not constructed in
connection with improvements to an intersection or the construction
of a cul-de-sac or roundabout) approved and adopted by the Village
of Tequesta in the future result in traffic structures which effect
portions of the Restricted Right-of-Way, the uses of the Restricted
Right-of-Way permitted under paragraph 1. hereof shall include
those specified traffic design techniques and the resulting traffic
structures. It is the intent of this paragraph that the Restricted
Right-of-Way shall not be used for additional roadway lanes except
in connection with improvements to an intersection or the
construction of a cul-de-sac, roundabout or traffic circle.
3. Nothing contained in this Declaration shall be
construed: (i) as obligating the Village of Tequesta to make any
improvements to all or any portion of the Restricted Right-of-Way,
or (ii) as limiting the access of properties (including cross
streets and other public rights-of-ways) abutting the dedicated
Right-of-Way of Country Club Drive to and from such dedicated
Right-of-Way.
4. The restrictions set forth in this Declaration of
Restrictive Covenants shall run with and bind the Restricted Right-
Of-Way until December 31, 2024, after which time this Declaration
and the covenants and restrictions hereby imposed shall be
automatically extended for successive periods of ten (10) years
unless the Village of Tequesta shall execute and cause to be
recorded in the public records of Palm Beach County, Florida, a
Notice which terminates this Declaration of `Restrictive Covenants.
Signed, Sealed and Delivered
in the Presence of
Print Name:'rr1U/»~}S (32aDF-~2U
Village of Tequesta, a
munici al corporation
By: ' ~~~
Print Name: ' RO N ~. tlYl ALk (~S~
Its : Yy1 ~ o (Z
t N
~.~rG ~~t~ f ?9 1 ~''i i
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ~.t,~
day of _~~~~a~.~.~ 1995, by ~~%- `'5~~.,•~.. ~ as
G~~ of the Village of Tequesta, a municipal
corpora on, on behalf of the municipal corporation. He/She is
personal- l~_known to me or has produced a driver's license as
identification.
(Id0'~'ARYy~ •'.r,EAL )
~r .~.~c~Ny:'+ ~~I rr
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='PSH~aeb~:\1~3I~?=~~Declaratn
" ~~t~iiSeY: 2~~` ;1995
Jr ~ .....~'; til
C~e..~~_.._~_
Nd~ary Public
Print name: TO~}rtu M~4A1 G-~U - E L1.0
My Commission Expires:
~ ~C. /6 9 77S
NOTARY PUELIC, STATE OF FLORIDA,
MY COMMISSIO`~ E`CPI2E : nec. 32, I^~$,
BONDED TRRU NOi ~F,Y PLrL'{' r.`.e.;.^" qc~~-~~,
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• EXHIBIT "A" _ r~
i."J;'._'}'•'~~ ... 451=~ I'y: i r t ;?ls~i~tf ~L.
Two strips of land, each being 15.00 feet in width and lying in Section 25 and Section 26,
Township 40 South, Range 42 East, Village of Tequesta, Palm Beach County, Florida
being more particularly described as follows:
A 15.00 foot wide strip of land being the Westerly, Southwesterly and Southerly 15.00 feet
of Tequesta Drive Right-of-Way (now known as and hereinafter referred to as Country
Club Drive) as shown on the "PLAT OF TEQUESTA" as recorded in Plat Book 25, Page
7 of the Public Records of Palm Beach County, Florida. Said 15.00 foot wide strip
beginning at its' intersection with the Easterly extension of the North Right-of-Way line of
EI Portal Drive (now known as and hereinafter referred to as Tequesta Drive) as shown
on said "PLAT OF TEQUESTA" and terminating at the intersection of the North line of
said Section 26, (same line also being the line between said Palm Beach County and
Martin County) and the said Southerly Right-of-Way line of Country Club Drive.
TOGETHER WITH:
.• A 15.00 foot wide strip of land being the Easterly, Northeasterly and Northerly 15.00 feet
of said Country Club Drive Right-of-Way as shown on the said "PLAT OF TEQUESTA",
also shown on the "PLAT OF BERMUDA TERRACE, SECTION 1" as recorded in Plat
Book 25, Page 23 of the said Public Records, also shown on the "PLAT OF BERMUDA
TERRACE SECTION 3" as recorded in Plat Book 25, Page 198 of the said Public
Records, and also shown on the plat of "COUNTRY CLUB POINT" as recorded in Plat
Book 27, Page 112 of the said Public Records. Said 15.00 foot wide strip beginning at
its' intersection with the Westerly extension of the North Right-of-Way line of said
Tequesta Drive (same line also being the South line of Block A as shown on said "PLAT
OF BERMUDA TERRACE, SECTION 1 ") and terminating at the intersection of the said
North line of Section 26 and the said Northerly Right-of-Way line of Country Club Drive.
The side lines of the said two 15.00 foot wide strips of land being lengthened or
shortened so as to form two continuous strips of land.
•