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HomeMy WebLinkAboutResolution_43-01/02_05/16/2002 RESOLUTION N0.43 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BECH COUNTY, FLORIDA, VACATING AND ABANDONING A SEVEN AND ONE-HALF FOOT WIDE DRAINAGE EASEMENT LOCATED ON THE SOUTH PORTION OF LOT 12 AND A SEVEN AND ONE-HALF FOOT WIDE DRAINAGE EASEMENT LOCATED ON THE NORTH PORTION OF LOT 13, COCONUT COVE SUBDIVISION, TEQUESTA, FLORIDA; AND DEDICATING AN ALTERNATE DRAINAGE EASEMENT ON SAID LOTS 1N THE MANNER AND FORM DESCRIBED HEREIN. 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, and a drainage easement, seven and one-half feet in width, located on the north portion of Lot 13, Coconut Cove Subdivision, Tequesta, Florida, as set forth in the Plat and restated in the • Declaration of Covenants and Restrictions affecting the property, recorded in Official Record Book 74, Pages 22 and 23, public records of Palm Beach County, Florida; and and WHEREAS, all utilities using said easements 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 long~.~ 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 j south portion of Lot 12, Coconut Cove Subdivision, more particularly described on Exhibit "A" attached hereto be and the same is hereby vacated and abandoned. j Section 2. That certain seven and one-half foot wide drainage easement located on the 1 north portion of Lot 13, Coconut Cove Subdivision, more particularly described on Exhibit "B" attached hereto be and the same is hereby vacated and abandoned. • 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. The Village Clerk is hereby authorized to record this Resolution pursuant to law. Section 5. This Resolution shall become effective immediately upon passage. THE FOREGOING RESOLUTION was offered by Councilmember Von Frank, who moved its adoption. The Resolution was seconded by Councilmember Resnik, and upon being put to a vote, the vote was as follows: ~~ FOR ADOPTION AGAINST ADOPTION Geraldine A. Genco Joseph N. Capretta Basil E. Dalack Russell von Frank Edward D. Resnik • The Mayor thereupon declared the Resolution duly passed and adopted this 16th day of May, A.D., 2002. ,°'~_ .~=` t ~~~ .~. r Geraldine co ATTEST: ~~ Village C rk Mary Wolcott n U App"- 04 -02 03 t 32P .]up i ter Surveying 561 744 8018 P . 04 .7 EXHIBIT "A" LAT 1Z ORAINA~a1~ EA;3~ENR TO BE ABAND4NE0 DESCRIPTION THAT PORTION OF THE 7.50 FOOT WIDE DRAINAGE EASEMENT IN LOT 12, PLAT qF COCONUT COVE, AS RECORDED IN PLAT 900K 74, QAGES 22 AND 23 OF 7HE PUBLIC RECORDS OF PALM BEACH GOUNTY, TEDUESTA, FLORIDA LYING WESTERLY OF THE 36 FOOT WIDE DRAINAGE EASEMENT ACCORDING TO SAID PLAT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: @EGINNING AT THE SOUTHWES'i•ERLY CORNER OF SAID LOT 12, A RADIAL LINE PASSING THROUGH SAID POINT OF BEGINNING BEARS NORTH 74°00'37" WEST; THENCE NORTH 89°54'4T' EAST ALONG THE SOUTHERLY LINE THEREOF, A DISTANCE OF 158.94 FEET TO THE WESTERLY LINE OF THE SS FOOT WIDE DRAINAGE EASEMENT ACCORDING TO THE SAID PLAT OF COGONUT COVE; THENCE NORTH 0°06'25" EAST ALONG 7HE SAID WESTERLY LINE, A DISTANCE OF 7.50 FEET TO THE NORTHERLY LINE OF THE SAID 7.50 FOOT WIDE DRAINAGE EASEMENT; THENCE SOUTH B9°54'47' WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 13728 FEET TO THE WESTERLY LINE OF SAID LOT 12. SAID WESTERLY LINE BEING THE ARC OF A CURVE CONGAVE WESTERLY AND HAVING A RADIUS OF 65.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE SUBTENDED BY A CENTRAL ANGLE OF 6°48'50', A DiSTANGE OF 7.89 FEET TO THE POINT OF BEGINNING. • • SHEET 1 OF 2 • • • ~~ $~~ ~ ~ _ GOCDNCJT `'~,, ~~ ~1.ANE ~ ~` ~~ ~ rn~ x~ i ~~v~ ~~~ ~~~~ ~~ 3~ ~° a~ I ~~cz o / ao~ N N-- ~~ ~~ ~ ~ ~ ~ ~' ~ ~ ~ O ~ ~~~0 y y ~ n u ~ w ~ ~ ~ ~ ~ ~ ~~ ~ ~~ ~ 4 3 ' 1.12 ' S 8 9' rJ 4 ~4 T "W ' (P j -------------- ~ -- ~ -i--~------ ~R~apnx~EUa+r~sa~xr. ~ QFFI~dILI~COAFLt48001Kf1~f,PAGE85~ ~ - t~1 ~ ~~~ f ~` ~ '.~ ~ ~ ~ ~ ~I N ~ !a'pRAA161AE61~MEM ------r---- 0 w a i a i h i 0 Apr--04-02 03:34P Jupiter Surveying 561 744 8D18 P.06 FJCHiBIT ` f' LOT 13 ORAI AGE EA~EMIIENTS TO BE ABANDONED DE8CRIPTION 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, TE©UESTA, FLORIDA LYING WESTERLY OF THE 36 FOOT WIDE DRAINAGE EASEMENT ACCORDING TO SAID PLAT, BEING 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°54'47" EAST ALONG THE NORTHERLY LINE THEREOF, A DISTANCE OF 158.94 FEET TO THE WESTERLY LINE OF THE 36 FOOT WIDE DRAINAGE EASEMENT ACCORDING TO THE SAID PLAT OF COCONUT COVE; THENCE SOUTH D°06'25" WEST ALONG THE SAfD WESTERLY LINE, A DISTANCE OF 3.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 38°2T18' WEST CONTINUING ALONG SAID WESTERLY LINE, A DISTANCE OF 5.50 FEET TO THE SOUTHERLY UNE OF SAID 7.50 FOOT WIDE DRAINAGE EASEMENT; THENCE SOUTH 89°54'47" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 158.17 FEET TO THE WESTERLY LIME CF SAID LOT 13, SAID WESTERLY LINE BEING THE ARC OF A CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 66.OQ 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 38 FOOT WIDE DRAINAGE EASEMENT 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.$0 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'Q3' EAST, A DISTANCE OF 80.40 FEET TO THE POINT OF BEGINNING. • SHEET 1 OF 2 • ;~ • 04-02 03:3 3245'' N37°47'il°W (P) ~a.33' Nf3°3337°W (P) 2.05' 744 8018 P.07 3356' lu44 42547E (P) NORTH I ~ ----~- -~-~ ~ara~sa'~'r~--- ~ _~_~~ __~~ssT~ t ~ ~ szo•~ ~~ ~ ----~- ~~ i ~' \~`. ~ ~ G raw , aavs3rv ` ! . ~ ~~ ~ ~ ~ ~, ' ~ W i i~ ~~ 1 ~ ~ ~_ar ~ ~~*~ ~ a, ~ a ~ ~ l ~a' ' ~ ~ ~ LOT 12 I ~~ i ~ ~~ g ors r ;~ ~ LOT 13 ~uorrrr+wFS~~acra~ s aa~a~cce+aimHC ~ I ~- - ~' ~P071D~77' A~°77'x° ~ ~ cap 0=73.21 ~ ~ ` R=65.00' ~ wa'srsitrcr~ o~c~rt9 UMpICIITTFD LEGEND: (~ m C /~7 .E A-ARCLHI(G1N R=RAON/8 ,see ~',/~ THlS /S N4TA SURi/~Y jr____---- nrt 141AD•U5"f3~(P&MJ SKETeH01FLEGALD~ESC.~IPTX~vP1~RNdEDFAF~ ~~ ~ R08ERT KRAfT Z ~~. t~s~~ (a71N1~' M.S.E. V` g J 609TH HaSburnYA e 1 5 G e 2a6C p ~xow,araY~ rr.D L~• APRR ~.~ Jupit9r, Florida 33458 I 551-744-4594 F~ °"~` ^" °Z-a2s~a ~i z s.i P -~.a.c - SMEFT2IlFZ Apr-04-02 03:32P Jupiter Surveying 561 744 8018 P_02 • EXHIBIT " " 40T 12 DRAINAGE EASEMENT OF THE PUBLICT REC RDS O ~ PALM BEACH COUNOTYD TEOUESTA, OFOLORIDA,~ BEING AMORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 55.00 FEET, SUBTENDED SY A CENTRAL ANGLE OF 8°06'36", A DISTANCE OF 9.24 FEET TO THE SOUTHERLY LINE OF A 5 FOOT WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT, ACCORDING TO OFFICIAL RECORDS BOOK 8761, PRGE 953 OF THE SAID PUBLIC RECORDS OF PALM BEACH COUNTY AND POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTHERLY ALONG THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL ANGLE OF 12°52'40", A DISTANCE OF 14.$1 FEET TO A LINE PARALLEL WITH AND 10.00 FEET SOUTHERLY OF, 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 DISTANCE OF 184.99 FEET TO THE POINT OF BEGINNING. • • SHEET 1 OF 2 • • • P-pr-cog-vc v~:~zN .~up-Iter 5u i r.~: t N~~'~_ +~~ 1 I I ~ j ~ 1 I ----- LM1E~--'-- -~-- 1 I I ~s.,~~' ,w, I nay ~ - rt_ ~ I } ~ ~.~ 1 , wo<s~rcwEOF,lIr ~ I ~. ~ f,~i~NllAa'# I 1 i I 1 1 1 I I I I I I I I i I I ~ I 1 I 1 ~ I 1 1 V 1 I 1 I 1 ~f I 1 j ~ _~ ~ I~ 1 I I ~VILLA(iEr ~ ~ I]]ii 1 b ~ I /f1~A71FD~ ~ j j ~ I ~~ w I~ 1~ I ~1 ~ 1~ 1 ` ~I ~ I' I~ 1 1 4 ~ I I 1 1 ~ 1 1 1 1 ~~ I ~ I I I 1 I 1 h ~ ice-- Irs ~s~ COT 13 I 1 LOT t2 ~ I 1 I I `'~ 4 I 1 ai? b?~~~ ~ 1" ~vraF~ I ~=near ~ %` ,~,~~. '` arur~cES~,sEU~ur' y 0~77'11'b10' xdarfn~s~tYcrortnr~ / ~ ~ LEGEND.' olFior~~ ~ Ra~500'(PtiMJ o=a~lln4aca~ ,~ =,aerc eevGnf I` c=cflaaor,~srw~ Jr-------- R= ~~W .~ ~v_~I~ THlSlSNOTA SURVEY Chu SXETG~'IOFlEG4L pETlONPREPAIPf.D FOR• ~ R09FRT KRAfT JUP~TE SURVEYING, tNC. saw }~°'~ ~"'I~ '~~ 60 N.~epburn Ave, Sulte 206 ~,~~,, r~o ~r , r,~az Jupiter, Flarlda 33456 561-744-4594 F.a °i~' ^'~` ~~ .E.4/2/2002 6.22 PMQ2-029-A,d~rp ShlEET2Of2