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Home My WebLink AboutDocumentation_Regular_Tab 10A_10/11/1990VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequ;s__ Dri,e Tequesta, Florida 33469-0273 • (407j 5-5-6200 FAX: (407) 575-6203 MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager DATE: September 20, 1990 >;UBJECT: Request to Amend Requirement to Form a Homeowners' Association as a Condition to Acceptance and Repair of Shay Place; Agenda Item As you know, on May 10, the Village Council agreed to accept as public right-of-way and repair Shay Place if, among other things, the homeowners abutting Shay Place formed a Homeowners' Association with one hundred percent (100%) participation. Subsequent to that time, I have spoken with Mrs. Sharon Hayward and Mr. Cunningham, residents of Shay Place, and they have advised me that they do not desire to form a Homeowners' Association for various reasons. As a compromise, it was I that suggested that the Homeowners' Association be formed. My logic for a Homeowners' Association was that some sort of legal entity needed to be formed in order to be responsible for the maintenance of the retention pond, due west of Shay Place, that collects runoff from the street. At the time, I assumed the retention pond was and should be property common to all of the esidents of Shay Place. As it turns out, the retention pond is actually located on lots 8 and 9 of Shay Place which implies private ownership. However, the surveys for lots 8 and 9, copies attached, indicate that an easement was proposed for drainage purposes (retention pond). We are not aware of any drainage easement having actually been granted to the Village for such purposes. From my perspective, a Homeowners' Association will not be necessary if the effected property owners grant an easement for the retention pond. The retention pond property would still be under the ownership of lot owners 8 and 9 and, as such, would be maintained by them. It is somewhat unusual to place public road runoff on to private property but if the '.iability is minimal or can be eliminated this solution would be workable. As Mr. Randolph slates in his letter, it appears to be the policy of the Village Council to require all subdivisions to have a Homeowners' Association. As you know, there are many good reasons for an Association aside f:-om maintenance responsibility. We need Village :ouncil direction rela--ive to requiring a Homeowners' Association so that the residents of Shay Place and the Village can continue working toward completion of tho necessary paper work to transfer Shay Place to public ownership and repair the same. TGB/ jmm RecccleJ Paper JONES, FOSTER, JOHNSTON LARRY 8 ALEXANDER MICHAELT KRANZ GEORGE H BAILEY BLAIR R LITTLEJOHN. III KEVIN C BEUTTENMULLER JOHN M L.ROUX MICMAEL D BROWN JOHN BLAIR MCCRACKEN RUTH P CLEMENTS PAMELAA MCNIERNEY SCOTT M COLTON TIMOTH* E MONAGHAN JO YCE A CONWAY GUY RAS DEAL MARGARETL COOPER JOHN C RANDOLPH 8Y PON R CORNWELL PAULA REVENE REBECCA G DOANE ANDREA ROSS RANDY D ELLISON STEVEN � RCTHMAN L MARTIN FLANAGAN PETER A SACHS SCOT A GLAZIER JOEL T STRAWN LORIE HANDELSMAN SON EYA STUBBS JR SCOTT G HAWKINS ALL EN R TOMLINSON THORNTON M HENRY JOHN S TRIMPEP PETER S HOLTON MICHAEL P WALSH HARRY A JOHNSTON. II H ADAMS WEAVER J A. JURGENS PAULC WOLFE MARK B KLEINFELD MARC S WOOFF CHARLES B K gY ptember 6, 1990 ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR P. O. DRAWER E WEST PALM BEACH, FLORIDA 33402 (407) 659-3000 FAX: (407) 832.1454 WRITER'S DIRECT LINE: Donald V. Hilley, Esquire 11380 Prosperity Farms Road Palm Beach Gardens, Florida RE: Village of Tequesta Pine Tree Terrace/Shea Place Our File No. 13153.1 Dear Don: & STUBBS, P.A. \�A1 VILLAGE �F R BRUCE JONES i TEVESTA 1904 INS HENRY F LILIENTHAL 1902 1982 SEP — 6 ry ? r^ -RY ALLISON JOHNSTON 10951963 . r - RETIRED ••• �J , WILLIAM A. FOSTER 77nn:__ OTHER LOCATION VIA FAX 622-5531 54 N E. FOURTH AVE. DELRAY BEACH, FLORIDA 3UN I have reviewed all of the documents which you have provided me in regard to the request of the owners of Pine Tree Terrace for the Village to take over the maintenance of the road. You had inquired as to whether or not there was a way to handle this situation other than to establish a homeowners association. I cannot comment from a policy standpoint as to whether the Village Council will accept the road without the establishment of a homeowners association. As I understand it, the condition upon which the Council agreed to accept the road was if a homeowners association was established. The purpose of a homeowners association would be to establish an entity which would maintain responsibility for the area and would maintain any common areas. It is my understanding that there are no common areas, however, there is still a concern as to the retention area which exists at the end of the street. Apparently this retention area is on private properties, but the Village wants to make sure that the retention area is maintained and further that the Village has no responsibility to the lot owners for that retention area. From a strictly legal standpoint, there are two ways which might be considered for transferring the road easement to the Village. The first would be a right-of-way deed from the homeowners to the Village. Under this procedure we would require that all of the homeowners and any and all others having an interest in the properties execute a right-of-way deed over the roadway to the Village. We would also require a title policy to be issued to Donald V. Hilley, Esquire September 5, 1990 Page 2 insure title to the Village. It appears from the sketch which you provided me that the easement for utilities is not complete on the north side of the road. I would have to confirm this with Scott Ladd, but it appears that the utility easement would also have to be granted to the Village. An alternative way of handling this matter would be to file a plat of this currently unrecorded subdivision. Although it may be more costly for the property owners to plat the property, in the long run it would certainly be more convenient for them to identify their properties as part of a recorded plat in any future transfers. If this were to be taken care of in this manner, we would simply require all affected property owners and any others having an interest in the property to join in the plat and they would simply dedicate the road to the Village for the benefit of the public. At the same time they could dedicate the easements for utilities. Since it was a policy decision of the Council to have the homeowners form a property owners association as a consideration for the Village accepting the maintenance of the road way, if you wish to approach this in another manner, this matter would have to be addressed by Council. Please be advised that the next meeting of the Village Council is at 7:00 p.m., Thursday, September 13, 1990. Please do not hesitate to contact me if you have any questions or comments. Sincere IF n C. Randolph JCR/sm cc: Mr. Thomas G. Bradford Mr. Scott D. Ladd 3�/o LOT SCREE/VEO 8—con/c. D ?cam• s PAT/O °POOL 1335' .„ h s to. 040, n N 435' G • ti m /- STY WOOD F,PM � P iPES/OE'NCE MAiN IL. EL . - ,. 3 2 G,f.aAb 6 FL. EL.I 6 7/ 1 LA � � '!✓.9 rE-G' C9 QQB 32SG 6 i9Bi e0-O- i ��0 20 - ._�_P it ? ' ,POAO 7937 s DESCRIPTION, LOT s, OF THE UNRECORDED PLAT OF PINE TREE TERRACE, MORE rAATICV/ APLY DESCRIBED AS FOLLOWSI THE WEST 79.37' OF THE WEST 635' OF THE NORTH 130' OF THE SOUTH 260' OF THE NORTH 390' OF THE NORTHEAST QUARTER OF THE SOUTHEAST DUARTER OF SECTION 25. TOWNSHIP 4o, RJ\H6E 421 SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 20' OF THE WEST 20' AND THE EAST 59.37' OF THE SOUTH 10' OF THE ABOVE -DESCRIBED PARCEL. 7 m L EGENO ❑ = COwC MON Fov�up 0eO,0/C9�SET .Q- POp/E.Q DOGE ♦ > f�.0 N.9/G .�iVO .p,POPOSEO E.9SE. ^9C ONG N C iNE 20.90 E qS'E " -1 'W S B Fox BOUNDARY SURVEY FOR THE EXCLUSIVE USE OFI STEVE THOMSON NOTESs 1. TITLE- INFORMATION TAKEN FROM ATTORNEY'S TITLE INSURANCE COMPANY POLICY N0. C-741252. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3. DESCRIPTION FURNISHED BY CLIENT. 4. THIS PLAT IS NOT VALID UNLESS SEALED WITH THE EMBOSSED SURVEYOR'S SEAL. 5. ELEVATIONS SHOWN HEREON, IF ANY, ARE IN FEET AND DECIMAL PARTS THEREOF AND ARE BASED ON NGVD-29. 6. THLS SURVEY CANNOT BE TRANSFERRED OR ASSIGNED WITHOUT THE SPECIFIC WRITTEN PERMISSION OF WALLACE SURVEYING CORP. CERfIFICATIONs I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027. FLORIDA STATUTES, AND ADOPTED IN CHAPTERI 21 HH-6, FLORIDA ADMINISTRATIVE CODE, EFFECTIVE SEPTEMBER 1, 1981. VISIBLE ENCROACH- MENTS. IF ANY, ARE AS SHOWN. FURTHER CEAYT�w3FIED TO AHMAeEADO1 SAVIHe! AND LOAN AsmKIATIOM. SMITH AND KANDLER. ►.A.. AND ATTORMETE' TITLE IMeURAMCE COIMAMV. R�vHuar. r P? eP C.T / v/c F�F 6L }5►✓L 6�0 T2G/59-b0, PROFESSIONAL LAND SURVEYOR n /! 6G 2✓02 B FLORIDA CERTIFICATE NUMBER: 3357 I III n l I POOL�PAT/O ✓0DAdeR CX(RG %-2b2C �OAO EAS E 00 79 3 7 7 E.9S,i7ENT� S9�?` 1 181 p0 O QC ) � 9.7y 37 03' f?ES/OENCE cl Q V midi FL EL 9. 3� N nt (1l Gd RdGE FL EL 8 79 55.98, S /s.7 CONK �J � p PORG N N \ Jew 55- io 4 _ o • AROC./�v0 POOL � NOT YET /N 1 N: DESCRIPTIUII ��- qS� 5if>'C 7' iQ •, OF THE UNRECORDED PLAT OF PINE TREE TERRACE, MORE PARTICULARLY DESCRIBED AS FOLLOWS, THE WEST 79.37' OF THE WEST 635' OF THE SOUTH 130' OF THE SOUTH 260' OF THE NORTH 390' OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP-40, RANG.E 421 SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 20' OF THE NORTH 20' AND THE EAST 59.37' OF THE NORTH 10' OF THE ABOVE -DESCRIBED PARCEL, TOGETHER WITH AN EASE- MENT FOR INGRESS AND EGRESS OVER THE NORTH 20' OF THE SOUTH 140' OF THE NORTH 390' OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25 EXTENDING EASTERLY TO THE RIGHT -OF -MAY OF SEABROOK ROAD. I h' 4TE 2 S'E.¢viCE Ei9SE Q �.QC.oCSEO EA.SE�!E"il/ T BOUNDARY SURVEY FOR THE EXCLUSIVE USE OFi STEVE THOMSON L E'G END O = �00 f CA,o SET O = CONC MOB .�OUiYO Screfm Inc/.lrQ 40" f • k F0/rcw�,•j,.lr��'r! lac S� 0: AVGTES . I) TITLE INFORMATION TAKEN FROM ATTORNEYS' TITLE INSURANCE COMPANY POLICY N0. C-741252. 2) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3) DESCRIPTION FURNISHED BY CLIENT. A) THIS PLAT 1S NOT VALID UNLESS SEALED WITH THE EMBOSSED SURVEYOR'S SEAL. S) ELEVATIONS SHOWN HEREON, IF ANY, ARE IN FEET AND DECIMAL PARTS THEREOF AND ARE BASED ON NGVD-29. 6) THIS SURVEY CANNOT BE TRANSFERRED OR ASSIGNED WITHOUT THE SPECIFIC WRITTEN PERMISSION OF WALLACE SURVEYING CORP. CERT/F/CAT/ON: I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027. FLORIDA STATUTES, AND ADOPTED IN CHAPTER, 21 HH-6. FLORIDA ADY NISTRATIVE CODE, EFFECTIVE SEPTEMBER 1. 1981. VIS CROACM- MENTS, IF ANY, ARE AS SHOWN. ."THE" C["TIFI[o To AM[ASSADD" SAVINGS AMo �pAM Asspc IATION, SMITH AMO MANpL[N. ►.A.. AND ATTORMETI T N „AN RGvitioro: 2/17/8& 7 / C0L,✓ZT),Aa9 C./C.l R.0 a(G-003 :0 PROFESSIONAL LAND SURVEYOR FLORIDA CERTIFICATE NUMBER: 3357 CR4/G L {VALLAC�= O0 i 1 1 I t I I I 1 I I 1 1 .k 2n ,i! wts 1 I I I I � IA I li t lu Iw $ wltuc aaA[ i/ 107 C/ 107 Z/ 107 I/ 107 O/ 107 6 107 1 ~ .-�... �Ki�i�rwts.i[�vw�nw.i ..- .•� �cc—i�jMwf.st�lx�ur[ �— .� _—__ _wucro�s�. azlrer[s�o�...— ....—� -"'/ �- ( 1 -� - r V i- i o-------- - s / all - - 1n wlnw ti ;cvco e,� r - -- — - t I .y�:9�1 '1 v3a,al1. 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