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Home My WebLink AboutProperty_Easement_9/27/1995 JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR LARRY.ALEXANDER MICHAEL T. MICR WEST PALM BEACH,FLORIDA 33401 HENR1902-1982 THAL CARL ANGELOFF JOHN GLAIR McCRACKEN STEPHEN J,AUCAMP SCO TTL McMULLEN M.TRACEY BIAGIOTTI DAVID PRATT HARRY ALLISON JOHNSTON CLAY C.BROOKER JOHN C.RANDOLPH P.O. BOX 3475 1895-1983 JOYCE A.CONWAY STEVEN J.ROTHMAN WEST PALM BEACH,FLORIDA 33402-3475 R.BRUCE JONES MARGARET L.COOPER PETER A.SACHS 1904-1988 EDWARD DIAZ D.CULVER SMITH ID (407)859-3000 REBECCA G.DOANE SIDNEY A STUBBS FAX:(407)832-1454 PAUL C.WOLFE CHRISTOPHER S.DUKE ALLEN R.TOMLINSON 1933.1991 SCOTT G.HAWKINS JOHNS TRIMPER RETIRED THORNTON M HENRY MICHAEL P.WALSH PETER S.HOLTON BRIAN K.WAXMAN WILLIAM A.FOSTER MARK B.KLEINFELD H.ADAMS WEAVER WRITER'S DIRECT LINE: OF COUNSEL L.MARTIN FLANAGAN October 5, 1995 BY REGULAR U.S. MAIL Thomas C. Hall Village of Tequesta Water Department Post Office Box 3474 357 Tequesta Drive Tequesta, FL 33469-0474 Re: Village of Tequesta v. Sehayik, et al. Our File No. 13153.10 Dear Tom: Please find enclosed the Order of Taking and Notice of Deposit in the above-referenced case. These documents serve as evidence that legal title to the easement is now vested in the Village. According to Fla. Stat. § 74.061, legal title vests upon the deposit of the good faith appraisal amount into the court registry. The Village, therefore, gained legal title to the easement on September 27, 1995. For your information, the Order of Taking has been recorded in the public records of Martin County. Should you ever need official verification of the Village's title to the easement, you can find the recorded Order of Taking in Official Record Book 1139, Page 2536, Martin County Records. As a reminder, we will go to trial in the first half of next year for purposes of determining the compensation owed to the Sehayiks. Adams and I will keep you informed regarding the trial date and necessary preparations as such information becomes available. Thomas C.Halt Village of Tequesta v.Sehayik,et al. Page 2 Please do not hesitate to call if you have any questions. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By: Cl C. Brooker Enclosures cc: H. Adams Weaver Linda Powell ccb\13153-10\hal l.le5 k IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR MATIN COUNTY, FLORIDA. CIVIL DIVISION. CASE NO. 95-458-CA VILLAGE OF TEQUESTA, Petitioner, VS. SAMI SEHAYIK, et al. , Respondents. ORDER OF TAKING This cause coming on to be heard by the Court, and it appearing that proper notice was first given to Respondents, and all persons having or claiming any equity, lien, title or other interest in or to the real property described in the Petition, and Petitioner having applied to this Court on the 11th day of September, 3.995, for an Order of Taking and the Court being fully advised in the premises, upon consideration, it is therefore ORDERED AND ADJUDGED as follows: 1. That the Court has jurisdiction of the subject matter and of the parties to this cause. 2 . That the pleadings in this cause are sufficient and Petitioner is properly exercising its delegated authority. = } 3 . That the estimates of value filed in this cause by the Petitioner were made in good faith, based upon a valid appraisal. 4 . That the Petitioner is entitled to the vesting of a permanent easement as specified in the Petition in the following described property prior to the entry of a final judgment to wit: SEE EXHIBIT "A" ATTACHED HERETO .. upon payment into the Registry of this Court, the deposit hereafter specified; and that deposit of money will secure the persons lawfully entitled to compensation, as will be determined ultimately by final judgment of the Court. The sum of money to be deposited is the estimated value as set by the Petitioner. 5. Provided, further, that said sum of money in the total amount of SIXTEEN THOUSAND FIVE HUNDRED DOLLARS & 00/100 ($16, 500.00) shall be deposited into the Registry of the Court within twenty (20) days after the date of this Order, and upon making such deposit, the Petitioner shall notify, in writing, all attorneys of record, and those Respondents not represented by counsel, that the deposit has been made, and that upon deposit, the Petitioner shall be entitled to possession of the property described in the Petition without further notice or Order of this Court. If the Petitioner shall default in the depositing of said sum of money within the time herein provided, this Order shall be void and of no further force or effect. - DONE AND ORDERED at Martin County, Florida, this day _._- of SEPTEMBER, 1995. AKD DATED `' ��`' 1 11995 CIRCUIT JUDGE JUDGE LARRY SC HACK Copies furnished to all individuals on the attached list. LSP/13153-10/taking.ord a VILLAGE OF TEQUESTA v SEHAYIK, ET AL. CASE NO: 95-458 SERVICE LIST Paul A. Turk, Jr. , Esquire for SEHAYIKS 1645 Palm Beach Lakes Boulevard Suite 1000 West Palm Beach, FL 33401 Larry O'Steen Martin County Tax Collector 202 West Flagler Street Stuart, FL 34994 H. Adams Weaver, Esquire for VILLAGE OF TEQUESTA 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33402 haw/13153.10/service.lst t s LAWS4: NOBLE & ASSOCI`' CONSULTING ENGINEERS ETES, INC. LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA PHONE (407) 684-6686 DESCRtPTteN- UTILITY EASEMENT TWO PARCELS OF LAND LYING WITHIN THE FOLLOWING DESCRIBED PARCEL •A•: PARCEL •A• - THE NORTH 200 FEET OF THE SOUTH 700 FEET OF THE FOLLOWING DESCRIBED TRA SOUTHWEST QUARTER (SW N) OF THE SO CT OF LAND: EAST,AND OF GOVERNMENT LOT 3 OF SECTION 22 QUARTER p(40 OSW ff, RANGE SECTION WH �OSOUTH SE PARTSOF THE LINE WHICH IS 300 FEET NORTHERLY OF AND PARALLEL TO THE PALM BEACH-MARTIN COUNTY UNE AND WESTERLY, RANGE A COUNTY ROAD AS SAID ROAD NOW EXISTS. UE NORTHERLY T E - OF THE BEING A STRIP OF LAND 12 FEET WIDE, BEING BOUNDED ON THE EAST BY SAID COUNTY ROAD AND LYING OF (AS MEASURED AT THE RIGHT ANGLES TO) THE FOLLOWING DESCRIBED PERIMETER UNE; BEGIN AT CORNER OF SAID PARCEL "A•• 12 FEET NORTH THENCE SOUTH 89°46'16• ALONG THE NORTH UNE OF SAID PARCEL "A"THE A DISTANCE OOF 142.00 FEET TO A POINT DESIGNATED AS POINT •A" FOR FUTURE REFERENCE AND THE POINT OF TERMIN TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND: ATION. BEGIN AT THE-ABOVE DESCRIBED POINT •q••THENCE SOUTH 89046'16* WEST ALONG THE DISTANCE OF 30.00 FEET;THENCE NORTH 00°13'44" EAST,A DISTANCE OF 30.Ob FEET;*THENCE NORTH 8 DISTANCE OF 30.00 FEET; THENCE SOUTH 00°1344• EAST, A DISTANCE OF 30.00 FEET TO NCE N UNE 90 PARCEL •q",A 9°46'16" EAST,A BEARINGS ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE DESCRIBED PARCEL "A" HAVING OF BEGINNING. 89°46'16• EAST, G A BEARING OF NORTH SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. SAID LANDS SITUATE, LYING AND BEING IN MARTEN COUNTY, FLORIDA. REFERENCE ATTACHED SKETCH OF THIS DESCRIPTION. CERTIFICATION: HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE E, SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO WERE PREPARED. IN AND IS E AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. EL EFCTION 472.027, FLORIDA STATUTES, AND P C. WHITE NOTE: THIS IS NOT A SKETCH OF R G. LAND SURVEYOR N0. 4213 SURVEY, 6U7' STATE OF FLORIDA ONLY A GRAPHIC DEPICTION OF THE DESCRIPTIO SHOWN HEREON. THERE HAS BEEN NO FIELD TE: 1995 WORK, VIEWING OF THE SUBJECT PROPERTY, OR MARCH 16 MONUMENTS SET IN CONNECTION WITH THE REVISIONS-UPDATESPREPARATION OF THIS INFORMATION SHOWN DATE BY CK'D HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF EASEMENTS OF RECORD. -WAY AND/OR JOB NO.: 90-191 BY: SLS CHECKED: p{ry F.B. PG. SHEET 1 OF 2 LAWSO,*; NOBLE & AS SOCiA�ES, INC. CONSULTING ENGINEERS, LAND PLANNERS SUR VEYORS 420 COLUMBIA DRIVE. WEST PALM BEACH. FLORIDA PHONE (407)684.6686 8 •t� oo oJ.obo 0 p• c C�� '• c.9 OIiVT OF BEGINNING SOUTh�EAST CoRNEI� PARCEL ',4'' 8 SCAI-E t" = 401 8 -- - ly7ARTIAJ Cou/VTy 77PALA-1 S W. /14 13E,AC14 000/V7-Y , SKETCH TO ACCOMPANY DESCRIPTION ME SHEET / OF 2 FOR DESCRIPTION _ y ` IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR MARTIN COUNTY, FLORIDA. CIVIL DIVISION: EMINENT DOMAIN CASE NO. 95-458-CA JUDGE LARRY SCHACK VILLAGE OF TEQUESTA, Petitioner, V. SAMI SEHAYIK; RONI I. SEHAYIK and ROZANNE SEHAYIK, his wife; and LARRY O'STEEN, Martin County Tax Collector; Respondents. 1 PETITIONER'S NOTICE OF DEPOSIT YOU ARE HEREBY NOTIFIED that, pursuant to the Order of Taking issued in the above-styled cause on the 11th day of September, 1995, the sum of SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500.00) was deposited into the Registry of this Court on the 27th day of September, 1995. Village of Tequesta v.Sehayik,et al. Case No.95-458-CA I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished, by U.S. Mail, to Paul Turk, Jr., Esq., 1645 Palm Beach Lakes Boulevard, Suite 1000, West Palm Beach, FL 33401, and Larry O'Steen, Martin County Tax Collector, 202 West Flagler Street, Stuart, FL 34994, on this 27th day of September, 1995. JONES,FOSTER,JOHNSTON&STUBBS,P.A. Attorneys for Petitioner Post Office Box 3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33402-3475 (407) 659-3000 1 B c-J H. Adams Weaver Florida Bar No. 125210 ccb\13153-10\deposit.not 2 VILLAGE OF TEQUESTA WATER DEPARTMENT 0778 ENTERPRISE FUND 6330 357 TEQUESTA DR. TEQUESTA, FL 33469 Sept. 19, 1995 PAYTOTHE CLERK OF THE CIRCUIT COURT (MARTIN COUNTY) ORDEROF ,e t pp Q1 $ • 16,500,00 s T E"G U E S'TA :..�t.t!.,.'� % L. i�i DOLLARS 050 VILLAGE OF TEQUESTA WATER DEPT.ENTERPRISE FUND 150 Tsqussta Drive Tsqussta,Florida 33460 14 FOR "Petitioner's Notice of Deposit" 118006330,11 1:0670085821: 4 78004 2 - ue -�Lk'£{stF.',"�t.t. ��" ..'*z'� {>•_ i' Y`3` el"'., ! '� d�%' Stif ` ' .�i>,•:,ac�f?i�Ri?fi �„ - ` •iin•� iigitift#i6Skfic 'i+F3;,i fi\ft: F K