HomeMy WebLinkAboutResolution_73-01/02_09/12/2002RECORD AND RF,TURN TO:
JOTNf' C. 2ANDOLDPH, ESQUIRE
Janes, Foster, Johnston & Stubbs, P.A.
Post Office Box 3475
Qe~ "alm Beach, FL 33402-3475
WI~CALLL # 85
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U9/2b/2U02 12:5:51 2UU~U5U7246
0R AK 14194 PG U9U4
F~alm E~e~ch Go~~nty, Florida
RESOLUTION NO. 73 - 01/02
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, VACATING AND
ABANDONING A SEVEN AND ONE-HALF FOOT WIDE DRAINAGE
EASEMENT LOCATED ON THE SOUTH PORTION OF LOT 12; A SEVEN
AND ONE-HALF FOOT WIDE DRAINAGE EASEMENT LOCATED ON THE
NORTH PORTION OF LOT 13, TOGETHER WITH A PORTION OF A 36
FOOT WIDE DRAINAGE EASEMENT LOCATED ON THE EAST PORTION
OF LOT 13, ACCORDING TO THE PLAT OF COCONUT COVE
SUBDIVISION, TEQUESTA, FLORIDA; AND DEDICATING AN
ALTERNATE DRAINAGE EASEMENT ON THE NORTH PORTION OF LOT
12, COCONUT COVE SUBDIVISION, 1N THE MANNER AND FORM
DESCRIBED HEREIN; THEREBY REPEALING RESOLUTION NO. 43-01/02.
WHEREAS, a petition has been made to abandon a drainage easement, seven and one half feet in
width, located on the south portion of Lot 12; a drainage easement, seven and one feet in width
. located on the north portion of Lot 13, together with a portion of a 36 foot wide drainage
easement located on the east portion of Lot 13, located in the Coconut Cove Subdivision of
Tequesta, Florida, as set forth in the Plat and restated in the Declaration of Covenants and
Restriction affecting the property, recorded in Official Record Book 74, Pages 22 and 23, public
records of Palm Beach County, Florida; and
WHEREAS, all utilities using said easement have agreed to the abandonment;
WHEREAS, the Village Council of the Village of Tequesta does hereby find and determine that
the necessity for the above referenced easements as herein described are no longer necessary and
do not serve any public purpose, nor are they necessary for public use; and
WHEREAS, it has been determined that in replacement for said easements a new drainage
easement be granted to the Village.
NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1. That certain seven and one half foot wide drainage easement located on the
south portion of Lot 12, according to the Plat of Coconut Cove Subdivision, more particularly
described on Exhibit "A" attached hereto be and the same is hereby vacated and abandoned.
Section 2. That certain seven and one half foot wide drainage easement located on the
north portion of Lot 13, together with a portion of a thirty-six foot wide drainage easement
• located on the east portion of Lot 13, according to the Plat of Coconut Cove Subdivision, more
particularly described on Exhibit "B" attached hereto be and the same is hereby vacated and
abandoned.
BQGN: 14194 PAGE t79d5
•
Section 3. In substitution for the easements herein abandoned there is hereby dedicated a
new drainage easement as more particularly described on Exhibit "C" attached hereto.
Section 4. Resolution No. 43 - 01/02 is hereby repealed.
Section 5. The Village Clerk is hereby authorized to record this Resolution pursuant to
law.
Section 6. This Resolution shall become effective immediately upon passage. THE
FOREGOING RESOLUTION was offered by Council member
I~-£~~~'~iLc- ,who moved its adoption. The Resolution was seconded
by Council member ('~;~,~~~-~ and upor. being put to vote, the vote was as
follows:
FOR ADOPTION
~'~.~~'~~.Pub'1,Z~~~r~+ G~~:i, ~~~-~~,~
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AGAINST ADOPTION
~~CLy ~~ ~~~ C o
The Mayor thereupon declared the Resolution duly passed and adopted this d <~.- day of
,~'E~~"'i ~ I~;wy, 2002.
.t~'P~ES~',
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Mary ~olcoti
MAYOR O QUESTA
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EXHIBIT
LOT 12 DRAINAGE E SEMENT TO 13E ABANDONED
DESCRIIST{OW
•
BOOR 141'34 RAGE 09ta6
THAT F'4RTI0N OF THE 7.50 FOOT WIDE DRAINAGE EASEMENT IN LOT 12, PLAT OF COCONUT COVE,
AS RECORDED IN PLAT BOOK 74, f~AGES 22 AND 23 OF THE PUBLIC RECORDS QF PALM BEACH
COUNTY. TEQUESTA, FLORIDA LYING WESTERLY OF THE 36 FOOT WIDE DRAINAGE EASEMENT
ACCORDING TO SAID PLAT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 12, A RACIAL LINE PASSING THROUGH
SAID POINT OF BEGINNING BEARS NORTH 74°0U'3T" WEST; THENCE NORTH 89°54'47" EAST ALONG
THE SOUTHERLY LINE THEREOF, A DISTANCE OF 158.94 FEET TQ THE WESTERLY LINE OF THE ~
FOOT WIDE DRAINAGE EASEMENT ACCORDING TO THE SAID PLAT OF COCONUT COVE; THENCE
NORTH 4°06'25" EAST ALONG THE SAID WESTERLY LINE, A DISTANCE OF 7.50 FEET TO THE
NORTHERLY LINE OF THE SAID 7.50 FOOT WIDE DRAINAGE EASEMENT; THENCE SOUTH 89°54'4''
WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 157.28 FEET TO THE WESTERLY LINE OF SAID
LOT 12, SAID WESTERLY LINE BEING THE ARC OF A CUR1lE CONCAVE WESTERLY ANO HAVING A
RADIUS OF 85.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE SUBTENDED BY A
CENTRAL ANGLE OF 6°4650', A DISTANCE OF 7.89 FEET TO THE POINT OF BEGINNING.
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BOOK 14194 PAGE 49x8
EXHIBIT'
LOT 13 DRAINAGE EASEMENTS TO BE ABANDONED
QE8CRIPTION
THAT PORTION OF THE 7.50 FOOT WIDE DRAINAGE EASEMENT IN LOT 13, PLAT OF COCONUT COVE,
AS RECORDED IN PLAT BOOK 74, PAGES 22 AND 23 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, TEOUESTA, FLORIDA LYING WESTERLY OF THE 36 FOOT WIDE DRAINAGE EASEMENT
ACCORDING TO SAID PLAT, @EING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 13, A RADIAL LINE PASSING THROUGH
SAID CORNER OF BEGINNING BEARS NORTH 74°00'37' WEST; THENCE NORTH 89°54'aT EAST ALONG
THE NORTHERLY LINE THEREOF, A DISTANCE OF 158.54 FEET TO THE WESTERLY LINE OF THE 36
FOOT WIDE DRAINAGE EASEMENT ACCORDING TO THE SAID PLAT OF COCONUT COVE; THENCE
SOUTH 0°06'25" WEST ALONG THE SAID WESTERLY LINE, A DISTANCE OF 3.20 FEET TO A P011VT
HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 38°27'16° WEST CONTINUING ALONG
SAID WESTERLY LINE, A DISTANCE OF 5.50 FEET TO THE SOUTHERLY LINE OF SAID 7.50 FOOT WIDE
DRAINAGE EASEMENT; THENCE SOUTH 89°54'4T' WEST ALONG SAID SOUTHERLY LINE, A DISTANCE
OF 158.17 FEET TO THE WESTERLY LINE CF SAID LOT 13, SAID WESTERLY LINE BEING THE ARC OF A
• CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL ANGLE OF 7°01'17', A DISTANCE OF
7.97 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A PORTION OF THE SAID 36 FOOT WIDE DRAINAGE EAST=MENT ACCORDING TO THE
SAID PLAT OF COCONUT COVE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
•
BEGINNING AT THE POINT HEREIN BEFORE REFERRED TO AS POINT "A'; THENCE SOUTH 38°27'16"
WEST ALONG THE WESTERLY LINE OF THE SAID 36 FOOT WIDE DRAINAGE EASEMENT, A DISTANCE
OF 91.80 FEET TO THE SOUTHERLY LINE OF SAID LOT 13; THENCE NORTH 89°54'47" EAST ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 21.03 FEET; THENCE NORTH 26°39'03° EAST, A DISTANCE OF 84.40
FEET TQ THE POINT OF BEGINNING.
SHEET 1 OF 2
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EXHIBIT
LOT 12 DRAINAGE EASEMENT
A PORTION OF LOT 12, PLAT OF COCONUT COVE, AS RECORDED !N PLAT 900K 74, PAGES 22 AND 23
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, TEQUESTA, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOV,/S:
COMMENDING AT THE NORTHWESTERLY CORNER OF SAID LOT 12, A RADIAL LINE PASSING THROUGH
SAID CORNER OF COMMENCEMENT BEARS SOUTH 28°38'23" WEST; THENGE SOUTHERLY ALONG THE
WESTERLY LINE THEREOF, BEING THE ARG OF A CURVE, GONCAVE WESTERLY, HAVING A RADIUS O~
65.00 FEET, SUBTENDED BY A CENTRAL ANGLE OF 8°08'3x", A DISTANCE OF 9.24 FEET TO THE
SOUTHERLY LINE OF A 5 FOOT W{DE FLORIDA POWER 8 L{GHT COMPANY EASEMENT, ACCORDING TO
OFFICIAL RECORDS HOOK 8761, PAGE 953 OF THE SAID PUBLIC RECORDS OF PALM BEACH COUNTY
AND POINT OF BEGINNING OF THE HEREIN DESCR{BED PARCEL; THENCE CONTINUE SOUTHERLY
ALONG THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL ANGLE OF i 2°52'40", A DISTANCE OF
14.61 FEET TO A LINE PARALLEL WITH AND 10.00 FEET SOUTHERLY 0F, AS MEASURED AT RIGHT
ANGLES TO, THE SOUTHERLY LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT;
THENCE NORTH 89°54'47" EAST ALONG SAiD PARALLEL LINE, A DISTANCE OF 175.08 FEET TO THE
WESTERLY LINE OF THE 36 FOOT WIDE DRAINAGE EASEMENT ACCORDING TO SAID PLAT; THENCE
NORTH 4°05'53" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 10.02 FEET TO THE SAID
• SOUTHERLY LINE OF THE FLORIDA POWER AND LIGHT COMPANY; THENCE SOUTH 89°54'47° WEST
ALONG SAID SOUTHERLY LiNE~ A DiSTANGE OF 184.99 FEET TO THE POINT OF BEGINNING.
SHEET 1 OF 2
BQOl6 L 4194 P~iE A911
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This Instrument Prepared By: ~~N~~~q~~~~~1~~~~~~~~~~
William C. McIntyre 08/ 16/2002 10:04:26 20020430630
3501 SW Corporate Pkwy OR BH 14042 PG ®190
Palm City, FL 34990 Palm Beach County, Florida
AMENDE DRAINAGE EA~FMENT
Grantors, Robert J. Kraft and Tina R. Kraft, his wife, hereby expressly grant unto
The Village of Tequesta, Florida, a perpetual drainage easement over, under and across the real
property described on Exhibit A atfached hereto for drainage and utility purposes, together with
the right to permit any other person, firm or entity to enter onto said property on behalf of The
Village of Tequesta to clear the land and keep it cleazed of all obstructions. Nothing contained
herein shall prevent or prohibit Grantors from using the real property described on Exhibit A for
their storm water management requirements. This Amended Drainage Easement amends that
certain Drainage Easement dated May 20, 2002, .and recorded in OR Book 13843, Page 184 of
the public records of Palm Beach County, Florida.
IN WITNESS WHEREOF Robert J. Kraft and Tina R. Kraft, his wife, have
executed this Amended Drainage Easement this ~ day of July, 2002.
~r - ROBERT J. KRAFT and TINA R. KRAFT
~~! Odd
Ng/v~ ~~l" Ro ert J. Kraft
~ t, ~ ~,
C.(~t-ftn•-Y+v ~ ~ t s Tina R Kraft
STATE OF FLORIDA
COUNTY OF MARTIN
The foregoing instrument was acknowledged before me this ~~i day of July,
2002, by Robert J. Kraft and Tina R. Kraft, who aze personally known to me.
,,"x ••,, William C. McIntyre
~,~ ~: Commieefon ~ QO 831840
Lzpire~ 87~ 2, 2003
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N~?a~y+~ublic, State of Florida
Commission No.:
My Commission Expires:
nuoK 14@42 PAGE 0]92
Dorothy H. Wilken, Clerk
•
EJCHIBIT "A"
LOT 12 DRAT or:F Fe4FYFNT
A PORTION OF LOT 12, PLAT OF COCONUT COPE, AS RECORDED IN aLAT BOOK 74, PAGES 22 AND 23
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, TEOUESTA, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLIOVJS:
COMMENCING AT THE NORTHWESTERLY CORNER OF 3A10 LOT 12, A RADIAL LINE PASSING THROUGH
SAID CORNER OF COMMENCEMENT BEARS 50UTH 28°38'23' WEST' THENCE SOUTHERLY ALONG THE
WESTERLY LINE THEREOF, BEING 7HE ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS O~
65.00 FEET, SUBTENDED BY A CENTRAL ANGLE OF 8'08'38", A DISTANCE OF 9.24 FEET TO THE
SOUTHERLY LINE OF A 5 FOOT WIDE FLORIDA POWER 6 LIGHT COMPANY EASEMENT, ACCORDING TO
OFFICIAL RECORDS BOOK 8761, PAGE 953 OF THE 3AID PUBLIC RECORDS OF PALM BEACH COUNTY
AND POINT OF BEGINNING OF 7TiE HEREIN DESCRIBED PARCEL: THENCE CONTINUE SOUTTERLY
ALONG THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL ANGLE OF 12'52'40", A DISTANCE OF
14.61 FEET TO A LINE PARALLEL WITH ANO 10.00 FEET SOUTHERLY OF, A5 MEASURED AT RIGHT
ANGLES TO, THE SOUTHERLY LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT;
THENCE NORTH 89°64'47" EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 175.08 FEET TO THE
WESTERLY LINE OF THE 38 FOOT WIDE DRAINAGE EASEMENT ACCORDING TO SAID PLAT; THENCE
NORTH 4.05'53' WEST ALONG SAID PARALLEL LINE, A D-gTANCE OF 10.02 FEET TO THE SAID
SOUTHERLY LINE OF THE FLORIDA POWER ANO LIGHT COMPANY; THENCE SOUTH BB'S4'd7' WEST
ALONG SAID SOUTHERLY LINE, A DISTANCE OF 184.99 FEET TO THE POINT OF BEGINNING
TOGETHER WITH:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 12, A RADIAL
LINE PASSING THROUGH SAID CORNER OF COMMENCEMENT BEARS SOUTH 28°
• 38' 23" WEST; THENCE SOUTHERLY ALONG THE WESTERLY LINE THEREOF, BEING
THE ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 65.00 FEET,
SUBTENDED BY A CENTRAL ANGLE OF 21° O1' 18", A DISTANCE OF 23.85' TO THE
SOUTHERLY LINE OF A 10' DRAINAGE EASEMENT AND THE POINT OF BEGINNMG
OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTHERLY ALONG
THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL ANGLE OF 19° 23' 17", A
DISTANCE OF 22.00 FEET; THENCE NORTHIO° 49' 03" WEST, A DISTANCE OF 19.20
FEET TO THE SOUTHERLY LINE OF SAID DRAINAGE EASEMENT; THENCE SOUTH
89° 54' 47" WEST ALONG THE SOUTHERLY LINE OF SAID 10' DRAINAGE EASEMENT,
A DISTANCE OF 14.76 FEET TO THE POMT OF BEGINNING.
__ . __
•
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