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HomeMy WebLinkAboutDocumentation_Regular_Tab 11A_06/11/1998 (2)Memorandum To: Village Council �-- From: Thomas G. Bradford, Village Manager J7� Date: June 8, 1998 Subject: Resolution of Public Necessity; Village Center at Tequesta Plaza; Agenda Modification In response to your Special Meeting held on June 2, 1998, regarding the proposed renovation of Tequesta Plaza to accommodate a public road, Village Hall, Lighthouse Gallery, and commercial office space and retail space, wherein the Village Council authorized Village staff to proceed with negotiations for acquisition of the applicable portions of the project contemplated for public property, we have prepared the attached Resolution of Public Necessity with input from the Village Attorney's office. As was stated at your Special Meeting on June 2nd, the acquisition of the applicable portions of public property within the Tequesta Village Center at Tequesta Plaza is contemplated to be acquired via what is referred to as a "negotiated condemnation." In order to proceed with condemnation, the Village Council's first step is to adopt a Resolution of Public Necessity. The attached Resolution of Public Necessity authorizes the employment of real estate appraisers and other experts necessary for the purpose of appraising the value of the property in question. Additionally, the Village Attorney is authorized to take the necessary steps to acquire the property in the name of the Village of Tequesta. As a check and balance, prior to closing on any of the property in question, or placing a deposit in the Circuit Court for parcels of land applicable to this condemnation, the Village Council's approval will be sought in each instance. It is recommended that the Village Council adopt Resolution No. 29-97/98 to commence the negotiated condemnation process spelled out at your Special Meeting on June 2nd. I will request that this item be added to the agenda under Approval of Agenda at the beginning of your meeting this Thursday, June 11, 1998. In the interim, should you have any questions in this regard, please contact me. TGB/mk Attachs. c: John C. Randolph, Village Attorney, w/attachs. H. Adams Weaver, Esq. w/attachs. Joann Manganiello, Asst. Village Manager/Village Clerk, w/attachs. Counci1.6.8.98 ;i RESOLUTION NO. ?<9 - 97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, DECLARING ACQUISITION OF LAND FOR A PUBLIC ROAD AND VILLAGE HALL SITE TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF NECESSARY EXPERTS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the Village of Tequesta is desirous of acquiring land needed for the provisions of a public road and future Village Hall site for the Village of Tequesta; and WHEREAS, funds will be available for the acquisition of the necessary land; and WHEREAS, the designated property for the above-described public purposes is described on Exhibit 111" attached hereto and by reference incorporated herein; and WHEREAS, the Village of Tequesta finds that the acquisition of necessary portions of the land needed for the public road and Village Hall site for the Village of Tequesta, described on Exhibit 11111, is a public necessity and the same is necessary and essential to the best interests of the Village of Tequesta, and that the acquisition of the needed real property, as described on Exhibit "1" for public purposes is also a public necessity; and WHEREAS, in order to accomplish the acquisition of the needed property, it is necessary for the Village of Tequesta and the Village Attorney to take legal action and employ real estate appraisers and other experts. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Council adopts and ratifies those matters as set forth in the foregoing recitals. Section 2. That the Village Manager is authorized and directed to employ real estate appraisers and other experts as necessary for the purpose of appraising the value of the property or portions thereof described on attached Exhibit 111" and providing expert testimony as may be required for the purpose of acquiring said property. Section 3. That the Village Attorney is hereby authorized and directed to proceed to take the necessary steps for the Village of Tequesta to acquire in its own name by donation, purchase or by eminent domain proceedings all or portions of the real property described on Exhibit 111" and to have prepared in the name of the Village of Tequesta, all papers, pleadings and other instruments required for that purpose, and to see that all eminent domain proceedings are prosecuted to judgment. Section 4. That the Village Manager and the Village Attorney are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes hereinabove directed. Be it further resolved that portions of the property described on Exhibit 111" are to be used for the following public purpose: the provision of a public road and a site for a new Village Hall. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this lith day of June, A.D., 1998. MAYOR OF TEQUESTA Elizabeth A. Schauer ATTEST: Joann Manganiello Village Clerk wp60\res\29-98 Aw EXHIBIT "1" LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1) WITH THE SOUTH LINE OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST; THENCE NORTH 03054'55" EAST (BASIS OF BEARINGS), ALONG THE SAID CENTERLINE. A DISTANCE OF 695.55 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF BRIDGE ROAD (PER O.R.B. 1166, PAGE 552 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA); THENCE SOUTH 89°46'55" WEST, ALONG SAID EASTERLY EXTENSION AND SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 360.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89046'55" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 516.42 FEET; THENCE NORTH 00013' 05" WEST, A DISTANCE OF 321.06 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TEQUESTA DRIVE (PER O.R.B. 6625, PAGE 302 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA); THENCE NORTH 67°59'40" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE. A DISTANCE OF 231.34 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 305.00 FEET, THROUGH A CENTRAL ANGLE OF 21048'00", AN ARC DISTANCE OF 116.05 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 89047'40" EAST, A DISTANCE OF 199.14 FEET; THENCE SOUTH 00013'05" EAST, A DISTANCE OF 279.06 FEET; THENCE SOUTH 03034'55" WEST, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO ALL PERTINENT MATTERS OF RECORD. CONTAINING 4.833 ACRES, MORE OR LESS. R=305.00' ALTA / ACSM TECUESTA DRIVE D=2 1 '48 '00 " N 89'47'40" E L=116.05' 199.14' TITLE SURVEY CH=115.35' e� 2' CWC VALLEY CUPS qoV A TEQUESTA DRIVE (80' R/W PER ORB 872. PG 257) a hp,yo •� Y; ep ^q ° ASPHALT ftOIDWAv 7p 1 M1 ry 510111 INAHIKAI `N r RIM EL•IB. 12 STORM NANIIME ASPHALT ROADWAY � ^ � / V1/11 RIu EL•I9.02 M1 $ 09 4 ° q• Cg1C, VAI.lC1 IMRBq • q. 1.! �.. BRIDGE ROAD I •T•b9 �L�ON 61�i,•J� �pyb/� RIM EL.1).B4 M1 9 L` J CONCRETE SIDEWALK-- . % CJ U MKH B SET PK/DISK SET PK/01 70 ° STORIM e10.E $ •�� I I JAl ALt 0.0 H 6' CMC. CURB 9 �' M1ry 9� ° '� Vq J7J IN PK/dSK �' C,-�\ �.I' 9 .) /w� q` �A/-� .�, q4 •HELLER WEAVER A CATO' _i O /1 ISDN C J� SET PK/01SN pq p° / y ` 2 j� - v \/ \.E,Y Y// 26.31'(MEAS) SIC. 9 v 19 to O o M1 1 RINI�E� 8691 OKpWAJ DIA. uE�OILM.DS ,( y 4 a CRKLY. N /j' A`• R I^e ve 3D21�. s0 e `, .,• e \� \ ,(/ ./ ,.p N / Ap0 6p2S• G� _ Y / /�lJ' )� C ISLAND (TTP) sicP S,cH �ArcL es. 16„ j W _i NIM EL .84 / V.. Wu eryp 4� 6' �, ti e�K MLP BASE FOR ulP SEtPKroISK ,, , \ \ `� 0. yp UNPLATTED i `�ep / ACREAGE � / ee 0 � q �' / y� ry � q`° 9 \qe` q < �, ry°° •Lo. M1° p Y � ry0 ° M1 °M1 2 O O j P ` ',P q �, "• _CDHI'\ISIAKD (TMP) °° / SPEED LININ SIGH ` ?Q9.19 b Y q 96j j� SANI TMY uANHOtF- ` q M1 e' dA, yC1Al COLLARDS RN EL -19.58 t)' ry 'L�y' ,(I I I /° /q � V ry I I I I I �1 I I ( I k.' I I lY k°'Lo 1.0 I I I I n9,° I I -PI I k' Iyi Su E cL I I I I L EO�� i M1 fi eM1 ].3• UNPLATTED ACREAGE f s s 1 � � D: PAR" SPACES 2u PECULAR SPACES COVERED COHC, WLLX S Nq,NCA,PED SPACES EFERENCE MONUMENT ' .,R. POINT BUILDING STMBCI LEGEND :E COVERED CMC. WALK IND �._ ORO BOOR 246• CBS « 2°p0 . CEVATION CL . LLEVAROIN 16 ®� II NEFER 3.2' wPniA:`IG MGN C B ® CAT IT BASH COMMENCEMENT Wy N WATER VALVE F g,Q „ _ .Q THERWISE NOTED CREASE TRAP MANHOLES v FTE MONUMENT -STOP LGN SAf111 ABLY MANHOLE RIu EL•20.9J 3 LL GEODETIC VERTICAL OATUM 11 "/C M CMG,,.; A/C ON°ML' COMMERCAIL BUILDING IPJ IDLE MM MOTOR R OCK :ND STUCCO lc F tFYFNT A{L . xAVOUwLD PARKING SPACE P j ,• W PMSHED FLOOR ELEV- 21.05 2 NATURAL GAS TANKS K726IND. ' id' OF WALLw K-CUT00 A,- .. 6' OFA. METAL BOLLAR05 (TMP) ETAL WWER A/C M CMC. TWOCD FEVI B fPL k Sa EASENEnI (ORB 1323. PG 15!)'Le47.9N coNNc. wuL M MINEO17ae 3Z , °.25.3' A/C M COMC- A/C °N CMC. rye � g -O I UNPLATTED cac 'A 60'1 ' ry°'� TN�EL ACREAGE i'TDZ'BfAMD$ (fW) °°'°HA1C M CONC. b p To y Ylv w p 9' MLP ,� e• DIA. YETAI 60lLAROS (TTP)(�wAuW000 FENCE PARKING 26.7' o'.M1SAHITMr v)jnASPHALT NHNaE SA EL-HTARY 50 ti°K�94.6'SAIu1ARr �q'�', ....OtE PN 1eqsj•C.SANITARY MANHOLEMETAL COVER NY w �'RN EL•20.MqASNAIT 'f1ELLEA S 89'.5'55' w 360.16' FRO M/DISN WEAVED Y CATO' 299.93'(YEAS) SEt PK/OISIR H.9 e W" $ 89'46'55 W ° ° ° p 516.42' `q P.O.B. Y0°D unurY POPE cur ASS ' cuP H °^I 1 ° L c.rcH BAsn Ot BWRPDER 552 eon g11!� i e �-ASPHALT ROADWAY p' p` e° ° ep FIND PK/d4( °: °� °. ° pq Vq �RA .3 38 M1 195.19INEAS)ry ;l -M10. $ Ri RIM El•20077 - ORB tGE 6O• R 6DPG / _ - y)%7]'(NIEAS) ^p� _ . tip ENO PN/d5K PRO PK NAIL D: PAR" SPACES 2u PECULAR SPACES MD RC S Nq,NCA,PED SPACES EFERENCE MONUMENT ' .,R. POINT 211 TOTAL SPACES STMBCI LEGEND :E h IND (SYMBOLS SHOWN HEREON ARE NOT TO SCALE) ORO BOOR M.Q. . ETRE NIIM/NT TIOJ 2°p0 . CEVATION CL . LLEVAROIN 31MENSION ®� II NEFER DIMENSION C B ® CAT IT BASH COMMENCEMENT Wy N WATER VALVE INNING W1M 'ME55LER, INC. CAP .d SON_: THERWISE NOTED WIF 0 MWD UTIUIY POLO v FTE MONUMENT CLIP0 OCw RETE UTUrr POE 0 KETAL BOLLAW CUED IRM CONCRETE LL GEODETIC VERTICAL OATUM LEY A METAL LIGHT POLL IPJ IDLE MM MOTOR R OCK :ND STUCCO lc F tFYFNT A{L . xAVOUwLD PARKING SPACE AEWPCII SURVEYORS NOTES: I) BASIS BEARING ROAD ME CENTERLINE N05 (US.HIGHWAY Hall STATE PER DEED. AS SHOWN. 2) MERE MAY BE ADDITIONAL RESTRICTIONS MAT ARE NOT SHOWN ON THIS SURVEY THAT MAY BE FOUNO IN THE PUBLIC RECORDS OF MIS COUNTY A) SUBJECT PROPERTY 15 WITTNN FLOOD ZONE 'C' PER FA.R.M. RATE YAP 120228 001 C. REVISED SEPTEMBER 30, 1992. 5) REFERENCE: TITLE COMMITMENT NO.: CM -1-1272-5 AMERICAN PIONEER TITLE INSURANCE COMPANY EFFECTIVE DATE: JANUARY 28. 1996. • 6:00 A.N. - 6) BEXLHMARK RffERENCE: PALM BEACH COUNTY B.N. "A 232'. ELEVATION . 17.474'. 7) ELEVATION OATUM IS N.G.V.D„ 1929. SUBJECT PROPERTY SUBJECT TO 1) RESTIRt"VE COVENANTS, CONDITIONS. STIPULATIONS AND EASEMENTS PER ORB 1257. PG 357. 2) EASEMENT TO AMERICAN TELEPHONE AND TELEGRAPH COMPANY PER ORB 609. PG 466. 3) RECIPROCAL PARKING AGREEMENT PER ORB 1365. PO I61. Aessier & Associates CONSULTING ENGINEERS 11211 PROSPERITY FARMS ROAD, SUITE C-301. PALM BEACH GARDENS. FLORIDA 33410 Phone (561) 627-2226 Fox (561) 624-1569 �D 40 0I WAe ft a NORM LINE Or BRIDGE ROAD PER O.R.B.1166, PAGE 852 60 Z1' MD RC 'HELLER WEAVER k CATO' ° PK/01S h IND M UNE OF SECTION 30. TOWNSHIP AO SWM. RAIY..E 43 EAST, P.O.C. DESCRIPTION: A PARCEL OF LAND LYING N SECTION 30. TOWNSHIP 40 SWM. RANLE 43 EAST. PALM BEACH COUNTY, FLORIDA, SENO MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT ME PONT OF INTERSECTION O ME CENTERUNE OF STATE ROAD N0. 5 (u.5. HIGHWAY N0. 1) WITH ME SOUTH LINE OF SECTION 30. TOWNSHIP 40 SOUTH. RANGE 43 EAST; THENCE NORTH 0354'55" EAST (BASIS OF BEARINGS). ALONG ME SAID CENTERLINE. A OISTANCE PF 695.55 FEET TO A P DINT ON ME EASTERLY EXTENSION OF THE NORM RICHI-OF-WAV LINE OF BRIDGE ROAD (PER O.R.B. 1166, PACE 552 OF THE PUBUC RECORDS OF PAW BEACH COUNTY. FLORIDA); THENCE SOUTH 69'46'55' WEST. ALONG SAID EASTERLY EXTENSION AND SAID NORM RICHT-OF-MAY LINE. A DISTANCE OF 360.16 FEET TO ME PANT OF 6EGNNING: THENCE CONTINUE SOUTH 6946'55' WEST. ALONG SAID NORM RICHT OF WAY UNE, A DISTANCE Or 516.42 FEET; THENCE NORM 0093'05' WESLINETOF TEOUE'S A DRIVE 1(PER.06 FOER.B.06625. pACE J 2 OF E PUBLIC RECORDS A POINT ON THE SOUTHERLY RIGHT OF OF PALM BEACH COUNTY. FLORIDA); THENCE NORM 6759'40' EAST, ALONG SAID SOUTHERLY RIGHT OF A CURVEWAY LINE. A DISTANCE OF 231.34 FEET TO THE PONT SAIDWCURVE. RVATURHAVNG RADIUS°(F 305' WTHE T FEETTHENCE ALY. ALONG THE CEN TAAL ANGLE EEOF 21'46'00'. AN ARC DISTANCE OF 116.05. FT TO ME POINT OF TANGENCY OF SAID CURVE; THENCE NORM 69'47'40' EAS T. A DISTANCE OF 199.14 FEET; THENCE SOUTH 0093'05' EAST, A DISTANCE OF 279.06 FEET: THENCE SOUTH 03'54'55' WEST, A DISTANCE OF 150.00 FEET TO ME POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT 10 ALL PERTINENT MATTERS OF RECORD. CONTAINING 4.633 ACRES, MORE OR LESS i TO: SHAPIRO k ADAMS, P.A. AMERICAN PIONEER TIRE NSUPAMCE COMPANY TEWESTA PLAZA JOINT VENTURE FIDELITY FEDERAL SAVINGS BANK OF FLORID♦ MS R TO CEATIFY THAT THIS Al. AND ME %IRAN ON WHCH 11 R BASED AERE MAO (i) IN ALCM KE MIN 'M, A STANDARD DETAK REDIIYIEYEKTS FOR ALTA/ACSM LAND TIRE SURVEYS'. ANN%f ESTABJS0 MD ADOPTED BY ALTA AND AC91 AM 1992. MID "MIXED ITEMS 1.2A4.5(Rfl•ATOWS ON.ITIA.e9.10.11 AM 13 OF TABLE A THEREOF. AND (F) PURSUANT TD RE AGSPACI STNDIADS N EFFECT MS DAY OF All, Un. STACEY. MESSLER k ASSOCIATES LICENSED BUSINESS N0, 3615 FOR ME FIRM: DAIS ROBERT P. BLASZYK PROFESSIONAL SURVEYOR k MAPPER STATE OF FLORIDA REG. NO. 4133 -- - KD 98008 TEQUESTA PLAZA 'MDT NAE. «Mar ME 1*- 40' BOUNDARY SURVEY 9NQEµ°M:RgaCa nr ALTA/AGSM SURVEY LRA" SURA%-MAPPER' ' 2/10/98 9.r 1 v 1 r.e 19. 199e - 11.9'26 D. Nwn.. C.. r,S/TEG3.:! MPP91.e BY WC Exhibit "1"