HomeMy WebLinkAboutDocumentation_Regular_Tab 07B_5/16/2002INTEROFFICE MEMORANDUM
TO: MR M a4AEL R COUZZO, JR V EU AGE MANAGER
FROM: JEFFERY C. NEWFZ.L, COMMUNIZY DEVELOPMENT
SUBJECT: U RX1Y EASEMENT ABANDAMFNI'
DATE: 4/25/02
Tina and Robert Kraft are hereby partition the Village Council of the Village of Tequesta to
consider the abandonment of a fifteen -foot wide utility easement that located on the south portion of
lot 12 and on the north portion of lot 13. These lots are located in the Coconut Cove Subdivision.
Mr. and Mrs. Kraft seek the abandonment that will enable them to construct a new home on the
two lots. The two lots will be required to be placed under unity of tide. A new utility easement will
be created on the north portion of lot 12.
The following information is submitted for your review:
1. Application for right-of-way abandonment.
2. Unity of Title form.
3. Drainage easement instrument and legal description.
4. Exhibit "A" description for lot 12 and lot 13 abandonment.
5. Letters from Bellsouth, Adelphia, and FPL.
6. Comments from applicant and Tom Jensen.
Staff comments: contain within Mr. Jensen's memorandum, he makes reference to the width of
drainage easement. In the plans it is shown as a ten -foot wide easement. Mr. Jensen is
recommending that the easement be increased in size to fifteen feet. Staff recommends the change
of the easement size as directed by Mr. Jensen.
Staff has discussed the applicant's plans to develop the property and how he intends to build. Staff
accepts the evaluation of Mr. Jensen and recommends the approval the easement abandonment.
Council needs to be assured that the instruments of "unity of tide" and the new "drainage easement"
are recorded into the public record prior to the Village recording the Resolution into public record.
�-� This can be accomplished by the applicant providing copies of the recorded instruments to the
Village prior to the recording of the resolution into public record.
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Village of Tequesta
Community Development Department, Planning Division
357 Tequesta Drive; Tequesta, FL 33469
Phone: (561) 575-6220 FAX: (561) 575-6239
'I i IMIFFFUMIMM.t aTM,61: 1 i
Name of Applicant: Robert and Tina Kraft
Mailing Address: 1470 SW Dyer Point Rd, Palm City, FL 34990
Home Phone: 561-288-3381
Work Phone: 561-221-9595
Property Address (description): Lots 12 and 13, Coconut Cove, Tequesta, FL
Name of Agent: William C. McIntyre
Home Phone of Agent: 561-285-6164
Work Phone of Agent: 561-288-3000
The Undersigned, being the true Applicant for the real property described above, does hereby
grant unto the Agent, stated above, the full right and power of attorney to make application to the
Village of Tequesta for a right-of-way abandonment petition/request and act as the representing
agent for any subsequent processes for said property. It is understood that limitations, conditions
/� and restrictions may be placed upon the use or operation of the property. Misstatements upon
application or in any hearing may result in the termination of any application/petition proceeding
to limit the Applicant to only allow themself the opportunity to apply for a right-of-way
abandonment petition/request. This power of attorney may be terminated only by a written and
notarized statement of such termination effective upon receipt by the Community Development
Department, Planning Division.
IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HANDS AND SEALS
THIS / Z d4, DAY OF .0416 2 ao/
pplicant Witnes
Applicant Witness
Before me the undersigned authority personally appeared the Applicant marred above who upon
being duly sworn acknowledged before me that they are the true Applicantfor the real property
described above and that they executed the pow r of attorney for the purposes stated therein.
Sworn and subscribed this 2� day of k9�D0/
Notary blic SEAL
AMY ABBOTT
NOTARY PUBLIC STATE OF FLORIDA
(1/97)abandon. MISON NO. CC985534
Planning Divisi OMSIONi EXP. FEB. 9,2002
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UNITY OF TITLE
IN CONSIDERATION for the granting of a variance by the
Village of Tequesta, Florida to Robert J. Kraft and Tina R. Kraft,
his wife, hereinafter referred to as Owners, for the construction
of a single family residence across Lots 12 and 13 of Coconut Cove
in the Village of Tequesta, County of Palm Beach, Florida, and for
other good and valuable consideration, the Owners hereby agree to
restrict the use of the following described real property:
Lots 12 and 13, Plat of Coconut Cove, as
recorded in Plat Book 74, Pages 22 and 23 of
the public records of Palm Beach County,
Florida.
in the following manner:
1. Said property shall be considered as one plot and
parcel of land and that no portion of said plot and parcel of land
shall be sold, transferred, assigned or mortgaged separately, but
rather only in its entirety as one plot and parcel of land.
2. The Owners further agree that this condition,
restriction and limitation shall be deemed a covenant running with
the land and shall remain in full force and effect and be binding
upon the Owners, their heirs and assigns, and unless and until such
time as the same may be released or modified, in writing, by the
Village of Tequesta, Florida.
3. The Owners further agree that this instrument may be
recorded in the public records of Palm Beach County, Florida, and
shall constitute notice to all persons whomsoever the terms and
provisions herein set forth.
This Unity of Title is signed, sealed, executed and
acknowledged on this day of 2001 at
Florida.
No Text
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Signed, sealed and delivered
in the presence of:
Printed name: Robert J. Kraft
Printed name:
State of Florida
County of Martin
na R. Kraft
The foregoing instrument was acknowledged before me this
day of 1 2001, by Robert J. Kraft and Tina R.
Kraft, his wife, who are personally known to me or who produced
__________ as identification.
Printed name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
2
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This Instrument Prepared By:
William C. McIntyre
3501 SW Corporate Pkwy
Palm City, FL 34990
DRAINAGE EASEMENT
Grantors, Robert J. Kraft and Tina R. Kraft, his wife, hereby expressly grant unto
The Village of Tequesta, Florida, a perpetual dranage easement over, under and across the real
property described on Exhibit A attached 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 cleared 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.
IN WITNESS WHEREOF Robert J. Kraft and Tina R. Kraft, his wife, have
executed this Easement this day of April, 2002.
ROBERT J. KRAFT and TINA R. KR.AFT
Robert J. Kraft
Tina R. Kraft
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of April,
2002, by Robert J. Kraft and Tina R. Kraft, who are personally known to me or who
produced
as identification.
Printed name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
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Apr-04-02 03s32P Jupiter Surveying 561 744 8018 P.02
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EXHIBIT "A"
LOT 12 DRAINAGE EASEMENT_
A PORTION OF LOT 12, PLAT OF COCONUT COVE, AS RECORDED IN PLAT BOOK 74, PAGES 22 AND 23
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, TEQUESTA, FLORIDA, BEING MORE
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 01=
66.00 FEET, SUBTENDED BY A CENTRAL ANGLE OF 8°0636, 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, PAGE 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 I V52'4C", A DISTANCE OF
14,61 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 4005'53" 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
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609 N. Hepburn Ave, Suite 206
Jupiter, Florida 33458
561-744-4594
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APr-04-02 03:32P Jupiter Surveying 561 744 8018 P.04
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EXHIBIT `°A"
LQT 12 DRAINAGES EASEMIg T TO BE ABANDONED
DESCRIPTION
THAT PORTION OF THE 7.50 FOOT WIDE DRAINAGE EASEMENT IN LOT 12, PLAT OF COCONUT COVE,
AS RECORDED IN PLAT BOOK 74, PAGES 22 AND 23 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, TEQUESTA4 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 RADIAL LINE PASSING THROUGH
SAID POINT OF BEGINNING BEARS NORTH 74'00'37" WEST; THENCE NORTH 89054'47" EAST ALONG
THE SOUTHERLY 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
NORTH 0006'25" 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 69054'47"
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 CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 65.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE SUBTENDED BY A
CENTRAL ANGLE OF 6046'50', A DISTANCE OF 7.89 FEET TO THE POINT OF BEGINNING.
SHEET 1 OF 2
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Apr-04-02 03:34P Jupiter Surveying 561 744 8018 P.06
EXHIBIT "A„
LOT 13 DRAINAGE EASEMENTS TO BE ABANDONED
DESGRIPTI N
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, TEQUESTA, 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 SEARS NORTH 74000'37° 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 0'06'25" WEST ALONG THE SAID WESTERLY LINE, A DISTANCE OF 3.20 FEET TO A POINT
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"54'47" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE
OF 158.17 FEET TO THE WESTERLY LINE OF SAID LOT 13, SAID WESTERLY LINE BEING THE ARC OF A
CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 65.130 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 91.80 FEET TO THE SOUTHERLY LINE OF SAID LOT 13; THENCE NORTH 89054'47" EAST ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 21.03 FEET; THENCE NORTH 26°39'03" EAST, A DISTANCE OF 80.40
FEETTO THE POINTOF BEGINNING.
SHEET 1 OF 2
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Apr-04-02 03:35P .Jupiter Sury
744 8018 P.07
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FROM : WM C McINTYRE PA FAX NO. : 5612882493 Jan. 24 2002 11:56AM P2
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BellSouth Telecommunications. Inc.
ENGINEERING DEPT. - RNi.107
2021 SD. MILITARY TRAIL
WEST PALM BEACH, FL 33415
December 13, 2001
Mr. William C. McIntyre. P.A.
3561 S.W. Corporate Parkway
Palm City, Florida 34990
RE: Krafts / Lots 12 and 13, Coconut Cove, Tequesta, Florida
Dear Mr. McIntyre:
BellSouth has no facilities in this drainage easement. Therefore we have no objection to
this abandonment.
If you have any questions I can be reached at 561-439-9118.
Yours truly,
mllrl�
dh Jp%,- L.F. Mayernik
Project Manager
LFM:dn
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FROM : WM C McINTYRE PA FAX NO. : 5612ee2493 Jan. 24 2002 11:57AM P3
10435 Ironwood Hoad
Palm Beach Gardens, FL 33410
Phone (561) 621-3600
Aidelph
14a fax (561) 627 1266
December 20, 2001
Mr. Wiliam C. McIntyre, P.A.
3561 SW Corporate Parkway
Palm City, FL 34990
Re: Abandonment of easement for Krafts/Lots 12 and 13, Coconut
?^ Cove, Tequesta, Florida
Dear Mr, McIntyre:
Adelphia has no objection to the abandonment of easement for the above
referenced location,
If you have any questions, please feel free to call me at (561) 627-3600.
Sin rely,
Don E. Benson
'Construction Supervisor
C:\My Documents\Documents\Now ConstruCTlon\LETTERS\Don Benson\Eosement Abandonment\Coconut Gove.doc
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Alan Boaz
Service Planner
FFaL 100 S. Delaware
- Jupiter, Fl 33458
(561)575-6346
October 1, 2001
Bob Kraft
1470 SW Dyer Point Dr.
Palm City, Fl. 34990
Re: Partial abandonment of utility easement
At Lot 12, Coconut Ln. Tequesta, Fl.
Dear Mr. Kraft:
FPL has no objection to the partial abandonment of the utility easement located on the north
i"N property line at the above mentioned address.
Please provide a full set of plans prior to the building of your new residence to insure timely
installation of electrical service.
Should you have any questions, please call me at 575-6346.
Since
6 Z/I /17—
Alan Boaz
Construction Services
11
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RMA
Reese, Macon and Associates, Inc.
Date: February 25, 2002
To: Jeff Newell
From: Tom J
Re: Coconut Cdrgli..ots 12 & 13
Based upon the latest plan submitted by the developer for the above, we concur with the
placement of the bubble up structure at the north end of the property within the spreader swale
and the extension of the retaining wall along the north property line. The relocated exfiltration
trench along the north property line should be in a 15 foot drainage easement, not a 10 foot wide
n easement. The pipe should be centered within the easement. The developer should revise his
plans accordingly. Should you have questions or wish to discuss this further, please call.
cc: Michael Estok
tcj02 036/02-106
VILLAGE OF
FEB 2 6 2002
JrHri i bi�w OF
i,(,'t lML;NITY DEVFLOP -
6415 Lake Worth Road • Suite 307 • Lake Worth, FL 33463-2907
Telephone (561) 433-3226 • Facsimile (561) 433-8011
•
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Al
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Date: January 30, 2002
To: Jeff Newell, C.B.O. Director
From: Bob Kraft
Re: Coconut Cove
Jeff,
Thank you for spending the time this afternoon with me reviewing Tom Jensen's
recommendations on the drainage modifications I am proposing on lots 12 and 13 in
Coconut Cove. I believe that I was not clear on the plans that I submitted to you that
there would be a retaining wall preventing northerly flow to the adjacent private
properties. I believe Tom proposed the two alternatives because of this lack of clarity
have clarified my intentions in the attached sketch and have taken into account all of
Tom's comments. I would like to re -propose the drainage modifications and clarify a
few points:
1) A copy of the survey for lots 12 and 13 is attached per Tom's note
2)
A copy of all drainage calculations is attached per Tom's note.
3)
It is clearly stated in the plat plan and in association documents that the dock is
for the exclusive use of lots 12 and 13. Please confirm this for Tom.
4)
FPL has a 5' easement on the north property line as noted in the survey.
However, FPL has given me a letter partially abandoning this easement. The
letter is attached. I am assuming since Tom's recommendation was to center the
pipe in a 10' wide drainage easement and FPL is partially abandoning their 5'
easement, I can move the entire 10' drainage easement that Tom has drawn 5' to
the north so that it runs adjacent to the north property line. This will make my
entire easement along the north property line a total of 10' wide. Could you
please confirm this?
5)
In Tom's note, he states his concern with placing the bubble up structure near the
north end of the spreader swale is that the drainage water could run north to the
adjacent properties. Although the drawings were not very clear on this, I am
proposing that a retaining wall be constructed along the north property line along
the 36' drainage easement similar to the retaining wall on the west side of the
drainage easement. See figure 1 in the attached sketch. The north retaining wall
would prevent any water from flowing north and would cover the entire 36' width
of the drainage easement as shown in the sketch. Figure 2 shows a top view of
the same area. As you can see in the in figure 2 any water that would come out of
the bubble up would first fill the spreader swale to the 6.5' elevation and then go
east, no flow would go north. In figure 2 I have also shown the 10' proposed
drainage easement on the north side of the property and appropriately the new
n,
manhole cover location per Tom's request. This configuration also allows easy
and full access to all drainage components if repair is ever needed in the future.
w
Please forward this letter to Tom to get his comments. As soon as I get both of your
concurrences on these matters, I will update the drawing and resubmit it to you.
If you have any questions, please call me at work (354-1175) or on my cell (485-3337).
Thank You,
ob Kraft
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